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Home My WebLink About2006-11-20-Resolutions 06-225_Annexation - Oleson Pre Annex AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 06-225 RESOLUTION APPROVING THE PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF WAUKEE AND LYLE AND DIANE OLESON IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City Council of the City of Waukee conducted a public hearing on annexation which included property owned by Lyle W.and Diane L.Oleson as non-consenting;and WHEREAS,after the hearing on November 6,2006,the City Council proceeded to approve the voluntary annexation of property including non-consenting property and providing a transition for the imposition of taxes which included the property owned by the Oleson's; WHEREAS,immediately prior to the annexation hearing and subsequent action by the City Council of the City of Waukee,the Oleson's submitted a preannexation agreement and application for voluntary annexation seeking Council approval of the annexation agreement and the conversion of their property's annexation to voluntary; WHEREAS,due to the timing of the submissions,the City Council did not have on its agenda the consideration of the annexation agreement for the Oleson's as required by Iowa law and consequently opted to consider the agreement and its potential approval as well as the voluntary annexation at a subsequent meeting;and WHEREAS,the City Council having considered the preannexation agreement involving the Oleson property together with the voluntary annexation application finds that the same should be approved. BE IT THEREFORE RESOLVED,by the City Council of the City of Waukee,Iowa that as part of the annexation resolution passed on November 6,2006 by the Waukee City Council which included property owned by Lyle W.and Diane L.Oleson as described below as non- consenting property,be noted in the record as deemed annexed voluntarily in accordance with Iowa law. Lyle W.&Diane L.Oleson Lot Four (4)of Leonard's Subdivision,which lies within and is a part of the Southwest Quarter of the Northwest Quarter (SWI/4 NWl/4)of Section 8,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa BE IT FURTHER RESOLVED,that the preannexation agreement submitted for consideration by the City Council of the City of Waukee dated November 6,2006 and executed by the property owners Lyle W.and Diane L.Oleson should be and the same is hereby approved subject to final approval of the annexation of November 6,2006 by the City Development Board of the State of Iowa. Dated this 20th day of November,2006. Attest: ROLL CALL VOTE Donald L.Bailey,II. Isaiah McGee JeffV.Mertz Darlene Stanton Mike Watts AYE X X X NAY ABSENT X X ] 2 PREANNEXATION AGREEMENT THIS PREANNEXA TION AGREEMENT ("Agreement")is made and entered into by and betweenLuIe.dn-~ll)ttt9lJ.9 "Owner"),and the City of Waukee,Iowa (the "City").jj 1],. J)ull)e J.;jnrKOtJ:jOl/WITNESSETH: 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 Subj ect 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 not to applicable government standards such that a new water source is required andlor other altematives are not available.Atthe 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 (I)acre ofthe Subject Property in an amount not to exceed $4,000.00 if only the primary residence currently existing on the 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 Subj ect 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 1 (c)Third year -60%abatement (d)Fourth year -60%abatement (e)Fifth year-45%abatement (:I)Sixth year -45%abatement (g)Seventh year -30%abatement (h)Eighth year -30%abatement (i)Ninth year-15%abatement G)Tenth year-15%abatement I 4.Subject Property will be brought into the City under the A-I 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-221Ute Avenue improvements that are completed within the 10 years following the execution of this agreement except for those assessment and connection fees discussed in Paragraphs I &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.I 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 ofthe 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 of the City and Owner. tic.IN WITNESS WHEREOF,this Agreement is made and executed this h t;j day of,yve OWL ,2006. By: Willi Kooistra,City Administrator STATE OF IOWA,COUNTY OF Vct/llLS This instrument was acknowledged before me on )JclvtUtlotr (0 Qrq~NJMLv\Q11r-dW/t w.oJCStM as _~.6IJJN,J!35!l1YLU.j1..k-L4JJ-Woc'"'-"JiJE'-"-"<----r--t_ ~1P&J1JYt) Notary Public in and for said State ,2006,by of ~ ''.REBECCA D.SCHUmi~Commission Number 716496 ••My Commission expireso.May 13,2008 3 STATE OF IOWA ) ) ) SS: COUNTY OF DALLAS On this ~day of ,lJo\Jtlo\tWf ,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,of the 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.OlrJJf)passed by the City Council on the ~day of Alo\f(yl-tW ,2006,and that WilliamF.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 '"REsE,eeA D.SCHUE'IT fA8~~Commission ,N~mber7~6496 .~.My CommIssion Expires 10WIo May 13,2008 EXHffiITA Legal Description Lyle William &Diane Oleson L JTRS LEONARDS SUB LOT 4 &ROAD being a part of Dallas County Iowa Parcel ill:000010003060400 (010-306-04) 5