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Home My WebLink About2006-11-06-Resolutions 06-216_Annexation - Lamb Pre Annex AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 06-216 APPROVAL OF A PREANNEXATION AGREEMENT BETWEEN JOE AND TAYLOR LAMB AND THE CITY OF WAUKEE,IOWA IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,Joe and Taylor Lamb are the owners of record of 30601 Ashworth Rd., legally described as follows: E208'S208'SE SE of Section 6 Township 78 Range 26 being a part of Dallas County Iowa;AND, WHEREAS,Joe and Taylor Lamb have 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 6th day of November 2006 that the Preaunexation Agreement between Joe and Taylor Lamb and the City of Waukee,Iowa,be approved. Attest: ROLL CALL VOTE Donald L.Bailey,Jr. Isaiah McGee JeffV.Mertz Darlene Stanton Mike Watts AYE NAY ABSENT X X X X X PREANNEXAH0',f.GREEMENT THIS PREANNEXA TION AGREEMENT ("Agreement")10 iuace ,mil entered into by and between rue.-l-TQ.¥loY"Lwtt'Re "Owner"),and the City of Waukee,Iowa (the "Cny"). WITNESSETH: I WHEREAS,the Owner is the legal titleholder of certain real estate in unincorporated Dallas County,Iowa,legally described on Exhibit "A"attached hereto and incorporated by this reference herein.Said real estate is hereinafter referred to as the "Subject Property." WHEREAS,the Owner now desires to have the Subject Property voluntarily annexed to the City of Waukee,subject to certain conditions as hereinafter provided. WHEREAS,the City is in agreement that the conditions to be performed by the City as hereinafter provided shall become a binding obligation of the City upon the completion of the annexation of the Subject Property to the City;NOW,THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: I.Owner will not be required to connect to City water until such time as Owners'well is no longer functioning to Owners'satisfaction and/or notto applicable goverrnnent standards such that a new water source is required and/or other alternatives are not available.At tile time of hook up or connection,Owner will be assessed the connection fee adopted by the City Council of the City of Waukee,if any. 2.Owner will not be required to connect to the City's sanitary sewer until the Owner formally request service from the City.The Owner shall be responsible for all costs associated with connecting to the City's sanitary sewer including a connection fee computed for one (1)acre of the Subject Property in an amount not to exceed $4,000.00 if only the primary residence currently existing on tile Subject Property is connected,with any remainder due under the connection fee ordinance deferred until other structures requiring sanitary sewer are constructed or the property is subdivided traditionally or by plat of survey.Should Owner subdivide or otherwise add residences to the Subject Property at any time in the future,the property shall then be subject to the remaining balance of the connection fee established for all relevant property in the manner prescribed in the applicable ordinance. 3.Owner will be entitled to tax abatement as authorized under the Code ofIowa to assist in making the transition from Dallas County to the City of Waukee.The abatement progresses as follows: (a)In the first year the Subject Property is taxed by City -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 (j)Tenth year -15%abatement 4.Subj ect Property will be brought into the City under the A -1 zoning classification which currently allows open burning if allowed under applicable laws or other ordinances or regulations,as may change from time to time. 5.Owner will not be required to pave existing driveway until such time in the future when the Subject Property is subdivided or otherwise developed so that it is no longer a single residence property. 6.Owner will not be required to add sidewalks until such time in the future when the Subject Property is subdivided or otherwise developed so that it is no longer a single residence property. 7.Dwellings and appurtenant structures currently in existence on the Subject Property at the time of annexation,which may not conform to the current requirements of the City Code of Ordinances,shall be allowed to remain.However,no such structure which may be non-conforming under the current requirements of the City Code of Ordinances shall be enlarged or altered in a way which increases its non-conformity.Should such non- conforming structure be destroyed by any means to an extent of sixty (60)percent or more of its assessed value at time of destruction,it shall not be reconstructed except in conformity with the current requirements of the City Code of Ordinances. 8.Public trails shall not be built on any part of Subject Property,without the written consent of Owner. 9.Subject Property will not be specially assessed in the manner provided in section 384.42 - 384.79 Code ofIowa (2005)for any utility,sewer,water,storm water facilities,pumping stations,parks,arterial streets,trails,street lights or public improvements sidewalks,fire hydrants,bike trails,parks,water,gas,R-22/Ute Avenue improvements that are completed within the 10 years following the execution ofthis agreement except for those assessment and connection fees discussed in Paragraphs 1 &2 of this agreement.This provision of this agreement shall terminate and not apply in the event that the Subject Property is subdivided either traditionally or by plat of survey.However,the Owner understands and agrees that they will be responsible for all rates,fees,taxes levied and/or charges paid by other residential property owners and/or utility customers in the City, imposed or existing now or in the future. 2 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.All provisions set forth above shall survive the annexation of Subject Property and shall thereafter be binding on the City.In the event that the annexation of the Subject Property is not approved in a final unappealable decision,this agreement shall be null and void. This Agreement shall be binding on and shall inure to the benefit of all successors,assigns and grantees ofthe City and Owner. ,.-/h SIN WITNESS WHEREOF,this Agreement is made and executed this 1LI day ofeDin))be r ,2006.' I oistra,City Administrator/Clerk STATE OF IOWA,COUNTY OF ~ r:This in~ument was.acknowledged before me on .sCP,1rJllhi'{.1'1-1h 2006,by-Joe lHld 1C\.\i1ar LLU'v\b ,as --!Ow ...\II>uII~'[L....r7,-~of (JmDedy Q 1 3D/oOl I1shlilt1('!J,ROM Wovl!qq :rri 502.0::5"r ')-I '- .I.eA1M?J &4/J7jVldq Notary Public in and for said State 3 STATE OF IOWA ) ) ) SS: COUNTY OF DALLAS On this 131h day of Nov em bel',2006,before me,the undersigned,a Notary Public in and for said County and State,personally appeared William F.Peard and Jeffrey L.Kooistra, to me personally known,and who,being by me duly sworn,did say that they are the Mayor and City Administrator/Clerk,respectively,ofthe City of Waukee,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of the corporation,by authority of its City Council as contained in Resolution No.1)ltr ~l~passed by the City Council on the 61h day of November,2006,and that William F,Peard and Jeffrey L.Kooistra acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. Notary Public in and for the State ofIowa ,----,;:::---.-.---=-=c=-:~=,"",REBECCi-\D.SCHUETI~"-A.-1~Commission Number 716496 ~~.My Commission Expires 10,«1-May i3,2008 EXHIBIT A Legal Description Joseph Lamb E208'S208'SE SE being a part of Dallas County Iowa Parcel ID:000010002590000 (010-259) 5