HomeMy WebLinkAbout2004-04-19-Resolutions 04-73_Annexation - Various Pre Annex AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 04-73
APPROVING FORM OF PRE-ANNEXATION AGREEMENT FOR L.A.GRANT AND
312TH STREET PROPERTIES FOR PROPERTIES OF LESS THAN 5 ACRES
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,city staff and council have reviewed and discussed the contents ofthe form;AND,
WHEREAS,as a result of staff and council meetings with property owners,the form has been
modified to reflect current understanding of the requirements to be met by property owners and
the city:AND,
WHEREAS,the following conditions are part of the basic pre-annexation agreement form for
properties owned by (1)Mark and Pam Venard;(2)Stan and Jayne Venard;(3a &b)Jim and
Carolyn Hermann;(4)Randy Allison;(5)Michael Phillips;(6)Marvin and Iva Terry:
1.Owner is not required to hook up to City water until such time as Owner's
well is not functioning to Owner's satisfaction and/or not to applicable
government standards such that a new water source is required.If Owner is
hooked up to Xenia Rural Water,Owner must allow City to take over water
service when City begins using Xenia lines or buys out Xenia service.
2.Owner is not required to hook up to City sewer service for ten (10)years
from the time sewer service becomes available.After this period has elapsed,
Owner will only be required to hook up to City sewer upon failure ofthe
property's septic system or when repair in excess of 50%of the full replacement
value is required to allow the system to function to all applicable goverrnnent
standards.
3.Owner will be entitled to tax abatement as authorized under the Code of
Iowa to assist in making the transition from the County to the City of Waukee.
The abatement progresses as follows:
(a)First year -75%abatement
(b)Second year -60%abatement
(c)Third year -45%abatement
(d)Fourth year -30%abatement
(e)Fifth year -15%abatement
4.Owner's property will be brought into the City under the A-I zoning
classification.Change may be requested by the Owner but must comply with the
Waukee Comprehensive Plan.
5.Owner shall only be assessed for street improvements on streets which
their residential property has frontage.Any assessment will only be for the
amount of one half of a residential street,plus applicable curb,gutter,storm sewer
and other associated improvements.Owner shall be liable for only 80'of the
aforementioned improvements per street.The Hermann property shall be liable
for 80'along both the L.A.Grant and 312'h St.frontage,Owner agrees to pay for
additional portions of the improvements before subdivision of an existing lot will
be allowed.
)
5a.Owner shall agree to place a lien on his property for the amount of all
public improvements adjacent to his property.When the subject property is
subdivided the sub divider must reimburse those who paid for said infrastructure,
6.Open burning shall be allowed,provided the fire department is notified
prior to any burning being conducted.
7.Livestock shall be allowed on subject property for as long as Owner
resides on subj ect property.Owner agrees that they will keep said livestock in
clean and well kept surroundings to avoid the creation of a nuisance as to
adj oining properties.Owner will hold the city harmless from any claims or
demands arising out of the keeping of said livestock on the above described real
estate.
8.Any ofthese items may be altered at the discretion of the City upon
subdivision of the Subject Property,AND,
]WHEREAS,City Council and Staff approve the basic fonn and are aware that some changes
may be made to accommodate specific property owner requirements;AND,
WHEREAS,it is understood that all signed pre-annexation agreements will come before the
council for [mal approval.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
19th day of April 2004 that it hereby approves the form of pre-annexation agreement for L.A.
Grant and 3121h Street contingent upon Mr.Lillis meeting with city staff to work through all the
issues not yet agreed upon.
Attest:
ROLL CALL VOTE
Nicholas C.Gruber
Donald L.Bailey,Jr.
Bill Peard
JeffV.Mertz
Darlene Stanton
AYE
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NAY ABSENT