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Home My WebLink About2006-05-15-Resolutions 06-99_Annexation - Mercy Foundation Pre Annex AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 06-99 ) APPROVAL OF THE PREANNEXATION AGREEMENT WITH MERCY FOUNDATION OF DES MOINES,IOWA INTHENAMEANDBYTHEAUTHORITYOFTHECITYOFWAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,the Mercy Foundation of Des Moines,Iowa is the owner of record of3213 Ute Avenue,legally described as follows: Conuuencing at the Southwest Corner of the Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/4)of Section 8,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,and being the point of beginning,thence N 83°21' East 1315.92 feet along the north line of Leonard's Subdivision,thence N°OO 02' East 997.01 feet,thence S 82°25'49"West 1316.34 feet,thence S 00°09'48"West 976.00 feet along the west line of said NW I /4 NW I /4 to the point of beginning. Said parcel contains 29.57 acres including road right of way;AND, WHEREAS,the Mercy Foundation of Des Moines,Iowa has submitted an Application for Voluntary Annexation with the understanding that the conditions set forth in the Preannexation Agreement,hereto attached,are approved by the Waukee City Council. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa in session this 15th day of May 2006 that the Preannexation Agreement with the Mercy Foundation of Des Moines,Iowa be approved. Attest: on,Interim City Administrator/ClerkJohn ROLL CALL VOTE Donald L.Bailey,JI. Isaiah McGee Jeff Mertz Darlene Stanton Mike Watts AYE X X X X NAY ABSENT X ) APPLICATION FOR VOLUNTARY ANNEXATION TO THE CITY OF WAUKEE,IOWA To the City of Waukee: The undersigned,R.Wayne King,as President of the owner of all the property legally described in Exhibit A attached hereto and by this reference made a part hereof,and as shown on the attached map Exhibit B attached hereto and by this reference made a part hereof,authorized to execute this application on behalf of The Mercy Foundation of Des Moines,Iowa,the owner(s)of the property legally described in Exhibit A,respectfully request the property be annexed and become a part of the City of Waukee,Iowa. Attachments: Exhibit A -Legal description of the property to be annexed Exhibit B -Map of the property to be annexed R.Wayne King,President Print N1 - Signature ---->-Date Please note that pursuant to Section 312.3(4)Iowa Code (2001)the Mayor and Council are required to certify to the State Treasurer the population of any areas annexed since the last federal census.So we may comply with that requirement,please state the current number of people living on the property being annexed:A0JJii . I EXHIBIT A -Legal description of the property to be annexed Commencing at the Southwest Comer of the Northwest Quarter of the Northwest Quarter (NW 1/4 NW 1/4)of Section 8,Township 78 North,Range 26 West of the 5th P.M., Dallas County,Iowa,and being the point of beginning,thence N 83 °21 'East 1315.92 feet along the north line of Leonard's Subdivision,thence N°OO 02'East 997.01 feet,thence S 82°25'49"West 1316.34 feet,thence S 00°09'48"West 976.00 feet along the west line of said NW 1 /4 NW 1 /4 to the point of beginning.Said parcel contains 29.57 acres including road right of way. EXHIBIT B -Map of the property to be annexed ) PRE-ANNEXATION AGREEMENT The Pre-annexation Agreement is entered into by and between the City of Waukee,Iowa, a municipal corporation (hereinafter referred to as "City")and Mercy Foundation of Des Moines,Iowa,(hereinafter referred to as "Owner"). WITNESSETH: WHEREAS,Owner is the owner of record of that property as described in the attached Exhibit'A',which is by this reference incorporated herein,(hereinafter referred to as the "Subject Property"); WHEREAS,the Subject Property is presently located entirely within Dallas County, Iowa,and outside the corporate limits of any other city;and WHEREAS,the Owner does not want to have the Subject Property annexed to the City of Waukee unless they are confident that certain conditions are met by the City of Waukee to ensure that annexation is in their best interest.These conditions are as follows: 1.Subject property will be brought into the City under the A-I zoning classification in order to allow for all existing uses and permitted activities,and will not be rezoned until requested by the Owner,or its successors or assigns. 2.The City acknowledges that the owner of the subject property is not currently interested in developing the property beyond its current use. Furthermore,the City is aware that property owners within the area are seeking to construct the infrastructure necessary to develop their properties for residential and commercial uses,and that said infrastructure will benefit,to some degree,the subject property.The property owner understands that the property may be assessed a portion of the costs of any such infrastructure and/or connection fees may be imposed for connection to City Water and Sewer.The City recognizes and supports the subject property's rights to agriculturally defer any assessment levied by the City as identified in §384.62 Code ofIowa in accordance with the procedures outlined therein.I 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)In the first year the property is taxed by Waukee -75%abatement (b)Second year -75%abatement (c)Third year -60%abatement (d)Fourth year -60%abatement (e)Fifth year -45%abatement (f)Sixth year -45%abatement (g)Seventh year -30%abatement (h)Eighth year -30%abatement (i)Ninth year -15%abatement G)Tenth year -15%abatement WHEREAS,it is understood and agreed that the Owner will file an Application for Voluntary Annexation of the Subject Property subject to the conditions set forth in this Pre-Annexation Agreement and that the failure of the City to comply with any of the conditions set forth herein shall be a reason for the Owner to withdraw its Application for Voluntary Annexation in accordance with the procedures and limits provided for under chapter 368 Code ofIowa governing the withdraw of Voluntary annexation petitions.All provisions set forth above shall survive the annexation of Owner's property and shall thereafter be binding on the City. This Agreement shall be binding on and shall inure to the benefit of all successors, assigns and grantees of the City and Owner. "OWNER" MERCY FOUNDATION OF DES MOINES,IOWA _J~-'\/~' ~~~\~1t4b\:~t:;-=Date: R.Wa ent By: "CITY" ATTEST: d1£LCityClerk