HomeMy WebLinkAbout2004-07-26-Resolutions 04-177_Annexation - VariousTHE CITY OF WAUKEE,IOWA
RESOLUTION 04 -177
APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY AND
PROVIDING A TRANSITION FOR THE IMPOSITION OF TAXES
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,State ofIowa,is a duly organized municipal
corporation;AND,
WHEREAS,the City Council of Waukee,Iowa has received Applications for Voluntary
Aunexation from the property owners of certain real estate under the ownership of said
petitioners,located in Dallas County,Iowa,and shown on the map identified as Exhibit
"A"attached hereto and made a part hereof and legally described as follows:
EXHIBIT "B"
LEGAL DESCRIPTION
WHEREAS,such property collectively adjoins the City as required by Chapter 368,
Code ofIowa;AND
WHEREAS,this property collectively is located outside the area included in the
Moratorium Agreement with West Des Moines;AND,
WHEREAS,all notification has been carried out pursuant to Chapter 368,Code ofIowa,
2003;AND,
WHEREAS,it is in the best interests of the City and public that said property be
aunexed to the City of Waukee,at this time;AND,
WHEREAS,the City Council's policy,pursuant to Section 368.7(2)of the Iowa Code,is
to provide a transition for the imposition of City taxes to properties taxed and utilized as
residential properties within an aunexation area;AND,
WHEREAS,the following described properties are taxed and utilized as residential
properties,and are included in the area to be annexed under the Aunexation Resolution:
EXHIBIT "c"
PROPERTIES TAXED AND UTILIZED AS RESIDENTIAL PROPERTIES
WHEREAS,pursuant to the Aunexation Policy and Section 368.7(2)of the Iowa Code,
it is appropriate to provide a transition for imposition of City taxes in accordance with the
following formula,as set forth in Section 427B.3(1-5)of the Code ofIowa:75%for the
first year,60%the second year,45%the third year,30%the fourth year,and 15%the
fifth year.INOWTHEREFORE,the City Council of the City of Waukee does resolve as follows:
SECTION 1.The Applications for Voluntary Annexation are hereby approved and said
properties described shall be annexed to the City of Waukee,Iowa,in accordance with
Chapter 368,Code ofIowa,2003,and such properties shall hereinafter become and be
part of the City of Waukee,Iowa.
SECTION 2.The Mayor and City Administrator/Clerk are hereby authorized and
directed to prepare and execute all documents necessary for this annexation and are
directed to file the same with the City Development Board as required by the Code of
Iowa.
SECTION 3.A transition for imposition of taxes shall be provided to the above-
described residential properties pursuant to the formula set forth in Section 427B.3(1-5)
of the Code ofIowa,2003 and shall be applied in the levy and collection only of City
taxes.
SECTION 4.This Resolution's transition for imposition of taxes shall be effective upon
completion of annexation proceedings before the City Development Board;whereupon
the City Development Board,pursuant to 368.7 and 368.20 of the Iowa Code,is required
to file with the recorder of Dallas County,copies of the map and city resolution
approving such boundary change.J
Passed and adopted by the City Council on 26th day of July 2004.
Tony
Attest:
ity Administrator/Clerk
ROLL CALL VOTE
Nicholas C.Gruber
Don Bailey,Jr.
Bill Peard
JeffV.Mertz
Darlene Stanton
AYE
X
X
X
X
NAY ABSENT
X I
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Name Address Phone Acres Frontage !j i Ii II
..1.Mark and Pam Venard 3106 V Ave 987-1079 1.75AC 184.50 ,'..u;1j Ii
-2.Stan and Jayne Venard 3055 V Aye 987-4364 5.00 AC 507.00 !-ii Ii
3a.Jim and Carolyn Hermann 3111 V Ave 987-4262 264.'2050AACC 846399.'6597&438.28 L i,L __'-:11-":'_'~"'',,:..,"3b.Jim and Carolyn Hermann 3111V Ave "
4.Randy Allison 3191 312th St.987-9030 3.00 AC 363.50 ~r""'c-,,,,,,'c,-_,Ii
5.Michael Pbillips 3183 312th St.987-1768 2.25 AC 266.84 .".
•Marvin and Iva T@'F"'Ir·_9
_
8
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Exhibit AAnnexationMap
July 2004
I j I I
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o 0.75
City ofWaukee0.125 0.25 0.5
,
The Key to Good LivingMiles
Waukee Community Development Department
Source:Dallas County GIS;ESRI TIGERJUne
Features,Veenstra &Kimm,Inc.
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EXHIBIT "B"
LEGAL DESCRIPTIONS
Kurt Brewer,ICE Brewer,LLC.,317 6th Avenue,Suite 700,Des Moines,Iowa 50309
Govermnent Lot 12 and South 33 feet of Lot 5 all in Section 4,
Township 78 North,of Range 26 West ofthe 5th P.M.,Dallas
County,Iowa,EXCEPT beginning 184.4 feet South of an Iron
Pin at the Northwest Corner of Govemment Lot 12 in Section
4-78-26 West of the 5th P.M.,Dallas County,Iowa,thence East
358.8 feet,thence North 261.4 feet,thence Southwesterly
(bearing South 87"4'W)on a line 33.0 feet North of and
parallel to the North line of said Govermnent Lot 12,359.6 feet
to the West section line of said Section 4,thence South 217.4
feet to the point of beginning.Contains 38.25 acres more or
less
StephenR Grubb,Boardwalk Development Company No.II,L.L.C,475 S 50th St.,Ste
100,West Des Moines,Iowa 50265
Govermnent Lot 8 in Section 5,Township 78 North,Range 26
West of the 5th P.M.,Dallas County,IA;more completely
described as:
Beginning at the SE Comer of said Govennnent Lot 8;Thence
NOo031'39"E along East line of said Govermnent Lot 8,
1310.46 feet to the NE corner of said Govemment Lot 8;
Thence N83°28'44"E along North line of said Govermnent Lot
8,1318.44 feet to the NW corner of said Govemment Lot 8;
Thence S00034'18"W along the East line of said Govermnent
Lot 8,1309.11 feet to the SW corner of said Govermnent Lot
8,Thence N83"32'32"E along South line of said Govermnent
Lot 8,1319.28 to the point of beginning.Said Parcel contains
39.36 acres more or less including 0.99 acres County Road
Right Of Way
1
The Broderick Family consisting of Bridget E.Broderick,a single person,Brian
Broderick and Cheryl J.Richardson,husband and wife,Michael J.Broderick and
Rochelle Broderick,husband and wife,Renae F.Broderick and Douglas Bordewieck,
wife and husband,Diane M.Broderick and James Russell,wife and husband,Timothy P.
Broderick and Teresa Broderick,husband and wife,Kathleen B.Quam and David Quam,
wife and husband,and John E.Broderick and Barbara,husband and wife,owners and
sellers of property and buyer,Hubbell Realty Company,6900 Westown Pkwy,West Des
Moines,Iowa 50266
Government Lots 6,7,10 and 11 of Section 5,Township
78 North,Range 26 West of the 5th P.M.,Dallas County,
Iowa Contains 160.39 acres more or less.I
Stan1eyR.and Jayne E.Venard,3055 V Avenue,Waukee,Iowa 50263
Beginning at the Southwest comer of Government Lot 1 in
Section 5 in Township 78 North,Range 26,West of the 5th
P.M.,Dallas County,Iowa,thence North 507 feet,Thence
West 419 feet,Thence South 507 feet,Thence East 419 feet to
the point of beginning.Contains 5.0 acres more or less.
Mark and Pamela Venard,3106 V Avenue,Waukee Iowa 50263
Beginning 184.4 feet South of an Iron Pin at the Northwest
comer of Government Lot 12 in Section 4,Township 78 North,
Range 26 West of 5th P.M.,Thence East 358.8 feet,Thence
North 261.4 feet,Thence Southwesterly (South 87 degrees and
4 minutes West)on a line 33.0 feet North of and parallel to the
North line of said Government Lot 12,359.6 feet to the West
Section Line of said Section 4,Thence 217.4 feet to point of
beginning.Containing 1.97 acres more or less,1.70 acres
being in Government Lot 12 and .27 acres being in the South
33 feet of Government Lot 5.
William J.Hermann,Jr.and Carolyn K.Hermann,3111 V Avenue,Waukee,Iowa 50263
A tract ofland in Government Lot 9,in the Northeast
Fractional Quarter of Section 5,Township 78 North,Range 26
West of the 5th Principal Meridian,Dallas County,Iowa,more
particularly described as follows:
Beginning at the Southeast Comer of Gov't Lot 9,in the NE.
Fractional Quarter of Section 5,T78N,R26W of the 5th P.M.,
Dallas County,Iowa;thence along the South line of said Gov't.
Lot 9,South 83°01 '22"West,438.28 feet;thence North
03°58'45"West,453.20 feet;thence North 85°00'47"East,
468.25 feet to the East line of said Gov't.Lot 9;thence South
00°00'00",439.57 feet to the point of beginning.Contains
4.630 acres more or less including .640 acres of County Road
Right of Way.
William J.Hermann,Jr.,3111 V Avenue,Waukee,Iowa 50263,Kathleen Michael,sister
and Nancy Hines,sister
Government Lot 9,Section 5,Township 78 North,Range 26
West of the 5th P.M.EXCEPT commencing at the S.E.Comer
of Government Lot 9,in the N.E.Fractional one fourth (Y.)of
Section 5,Township 78 North,Range 26 West of the 5th P.M.,
Dallas County,Iowa;thence S 83°01'W,along the South Line
of said Government Lot 9,438.0 feet,to the Point of
Beginning;thence continuing S 83°01'W,along the South
Line of said Government Lot 9,891.0 feet,to the S.W.Comer
of Government Lot 9,then N 0°23.5'E,along the West Line of
said Government Lot 9,403.0 feet;thence N 83°01'E,860.22
feet;thence S 3°59'E,400.22 feet,to the Point of Beginning.
Contains 26.25 acres more or less.
Randolph H.Allison,3191 312'h Place,Waukee,Iowa 50263
Commencing at the SE Comer of Government Lot 9,in the NE
fractional one fourth (Y.)of Section 5-78-26,West of the 5th
P.M.,Dallas County,Iowa;thence S,83°01'W along the South
Line of said Government Lot 9,438.0 feet to the Point of
Beginning;thence continuing S 03°01'W along South line of
Government Lot 9,363.5 feet;thence N.03°26'23"W,400.43
feet;thence N 83°01 'E,359.8 feet;thence S 03°59'E,400.22
feet to the Point of Beginning.Contains 3.0 acres more or less.
Michael R.Phillips,3183 312'h Place,Waukee,Iowa 50263
Commencing at the Southwest comer of Govermnent Lot 9,in
the Northeast Fractional Quarter of Section 5,Township 78
North,Range 26 West of the 5thP.M.,Dallas County,Iowa,
thence N83°01'E along the South line of said Government Lot
9,188.0 feet to the point of beginning,thence continuing N
83°01'E,along the South line of said Government Lot 9,
339.50 feet;thence N 03°26'23"W 400.43 feet;thence S
83°01'W 363.22 feet;thence S 06°51'E 399.67 feet to the
point of beginning,EXCEPT the Westerly 72.66 feet thereof.
Contains 2.55 acres more or less including 0.2 acres now used
for road purposes
Marvin E.and Iva Terry,3177 312'h Place,Waukee,Iowa 50263
Connnencing at the Southeast Comer of Government Lot 9,in
the Northeast fractional Quarter (NEfrl Y.)of Section 5,
Township 78 North,Range 26 West of the 5th P.M.,Dallas
County,Iowa,thence S 83°01'West along the South line of
said Government Lot 9,1,141.0 feet,to the Point of Beginning,
thence continuing S 83°01'West along the South Line of said
Government Lot 9,188.0 feet,to the Southwest Comer of
Government Lot 9,thence N 0°23 Yz'East along the West Line
of said Government Lot 9,403.0 feet,thence N 83°01'East,
137.20 feet,thence S 06°51'East 299.67 feet,to the Point of
Beginning.Contains 1.49 acres more or less including .14
acres now used for road purposes.
And the Westerly 72.66 feet of the following described parcel:
Commencing at the Southwest Corner of Government lot 9,in
the Northeast Fractional Quarter of Section 5,Township 78
North,Range 26 West of the 5thP.M.,Dallas County,Iowa,
thence N 83°01'E along the South line of said Government Lot J
9,188.0 feet to the Point of Beginning,thence continuing N
83°01'E along the South line of said Government Lot 9,339.5
feet;thence N 03°26'23"W 400.43 feet;thence S 83°01'W
363.22 feet;thence S 06°51'E 399.67 feet to the Point of
Beginning.Contains 0.666 acres more or less including .5
acres now used for road purposes.
EXHIBIT "C"
PROPERTIES TAXED AND UTILIZED AS RESIDENTIAL PROPERTIES
StanleyR.and Jayne B.Venard,3055 V Avenue,Waukee,Iowa 50263
Beginning at the Southwest comer of Govemment Lot 1 in
Section 5 in Township 78 North,Range 26,West of the 5th
P.M.,Dallas County,Iowa,thence North 507 feet,Thence
West 419 feet,Thence South 507 feet,Thence Bast 419 feet to
the point of beginning.Contains 5.0 acres more or less.
Mark and Pamela Venard,3106 V Avenue,Waukee Iowa 50263
Beginning 184.4 feet South of an Iron Pin at the Northwest
comer of Govemment Lot 12 in Section 4,Township 78 North,
Range 26 West of 5th P.M.,Thence Bast 358.8 feet,Thence
North 261.4 feet,Thence Southwesterly (South 87 degrees and
4 minutes West)on a line 33.0 feet North of and parallel to the
North line of said Govemment Lot 12,359.6 feet to the West
Section Line of said Section 4,Thence 217.4 feet to point of
beginning.Containing 1.97 acres more or less,1.70 acres
being in Government Lot 12 and .27 acres being in the South
33 feet of Govemment Lot 5.
William J.Hermann,JI.and Carolyn K.Hermann,3111 V Avenue,Waukee,Iowa 50263
A tract ofland in Govemment Lot 9,in the Northeast
Fractional Quarter of Section 5,Township 78 North,Range 26
West of the s"Principal Meridian,Dallas County,Iowa,more
particularly described as follows:
1
Beginning at the Southeast Comer of Gov't Lot 9,in the NE.
Fractional Quarter of Section 5,T78N,R26W ofthe 5th P.M.,
Dallas County,Iowa;thence along the South line of said Gov't.
Lot 9,South 83°01 '22"West,438.28 feet;thence North
03°58'45"West,453.20 feet;thence North 85°00'47"East,
468.25 feet to the Bast line of said Gov't.Lot 9;thence South
00°00'00",439.57 feet to the point of beginning.Contains
4.630 acres more or less including .640 acres of County Road
Right of Way.
Randolph H.Allison,3191 312'h Place,Waukee,Iowa 50263
Commencing at the SE Corner of Govemment Lot 9,in the NE
fi·actiona1 one fourth (Y.)of Section 5-78-26,West of the 5th
P.M.,Dallas County,Iowa;thence S,83°01'W along the South
Line of said Government Lot 9,438.0 feet to the Point of
Beginning;thence continuing S 03°01'W along South line of
Govemment Lot 9,363.5 feet;thence N.03°26'23"W,400.43 1
feet;thence N 83°01 'E,359.8 feet;thence S 03°59'E,400.22
feet to the Point of Beginning.Contains 3.0 acres more or less.
Michael R.Phillips,3183 312th Place,Waukee,Iowa 50263
Commencing at the Southwest comer of Government Lot 9,in
the Northeast Fractional Quarter of Section 5,Township 78
North,Range 26 West of the 5th P.M.,Dallas County,Iowa,
thence N83°01'E along the South line of said Government Lot
9,188.0 feet to the point of beginning,thence continuing N
83°01'E,along the South line of said Government Lot 9,
339.50 feet;thence N 03°26'23"W 400.43 feet;thence S
83°01'W 363.22 feet;thence S 06°51'E 399.67 feetto the
point of beginning,EXCEPT the Westerly 72.66 feet thereof.
Contains 2.55 acres more or less including 0.2 acres now used
for road purposes
Marvin E.and Iva Terry,3177 312th Place,Waukee,Iowa 50263
Commencing at the Southeast Comer of Government Lot 9,in
the Northeast fractional Quarter (NEfrl Y.)of Section 5,
Township 78 North,Range 26 West of the 5th P.M.,Dallas
County,Iowa,thence S 83°01'West along the South line of
said Government Lot 9,1,141.0 feet,to the Point of Beginning,
thence continuing S 83°01'West along the South Line of said
Government Lot 9,188.0 feet,to the Southwest Comer of
Government Lot 9,thence N 0°23 y,'East along the West Line
of said Government Lot 9,403.0 feet,thence N 83°01'East,
137.20 feet,thence S 06°51'East 299.67 feet,to the Point of
Beginning.Contains 1.49 acres more or less including .14
acres now used for road purposes.
And the Westerly 72.66 feet ofthe following described parcel:
Commencing at the Southwest Comer of Government lot 9,in
the Northeast Fractional Quarter of Section 5,Township 78
North,Range 26 West of the 5th P.M.,Dallas County,Iowa,
thence N 83°01'E along the South line of said Government Lot
9,188.0 feet to the Point of Beginning,thence continuing N
83°01'E along the South line of said Government Lot 9,339.5
feet;thence N 03°26'23"W 400.43 feet;thence S 83°01'W
363.22 feet;thence S 06°51'E 399.67 feet to the Point of
Beginning.Contains 0.666 acres more or less including .5
acres now used for road purposes.