HomeMy WebLinkAbout2006-11-06-Resolutions 06-207_Annexation - Hayes Pre Annex AgrTHE CITY OF WAUKEE,lOW A
RESOLUTION 06-207
APPROVAL OF A PREANNEXATION AGREEMENT BETWEEN
CHRISTOPHER M.HAYES 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,Christopher M.Hayes is the owner of record of 3068 Cottonwood Dr.,
legally described as follows:
LEONARDS SUBDIVISION PLAT 2 LOT 6 being a part of Dallas County Iowa;
AND,
WHEREAS,Christopher M.Hayes 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 6th day of November 2006 that the Preannexation Agreement
between Christopher M.Hayes and the City of Waukee,Iowa,be approved.
Attest:
ooistra City Administrator/Clerk
ROLL CALL VOTE
Donald L.Bailey,Jr.
Isaiah McGee
JeffV.Mertz
Darlene Stanton
Mike Watts
AYE NAY ABSENT
X
X
X
X
X
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 Lhv-rS'\-b(?\'U f\f\\.I,,~'le~
(hereinafter referred collectively as "Owner");.."
WITNESSETH:
WHEREAS,Owner is the owner of record oftbat property as described in tbe attached Exhibit
"A",which is by this reference incorporated herein (hereinafter referred to as the "Subject
Property");and
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 tbe City of
Waukee unless the Owner is confident that certain conditions are met by tbe City of Waukee to
ensure that annexation is in the Owner's best interest.These conditions are as follows:
1.Cottonwood Drive shall remain closed to the adjacent property to the west,except for the
west 10 feet thereof,and shall be dedicated to the City upon annexation to be used as a public
street.The Sunset Ridge West Homeowners Association (herein referred to as tbe
"Association")shall provide tbe City with sanitary sewer,water main,storm sewer,and overland
flowage easements for the west 10 feet by 60 feet held in title by the Association at tbe time of
annexation.The remaining west 10 feet reserved and held in title by the Association will be
dedicated to tbe City for public street purposes upon full and complete satisfaction of each of the
following conditions:(l)the land to the west of the current boundary of Sunset Ridge West is
developed so tbat Cottonwood Drive becomes a cul-de-sac which reaches its terminus just west
ofthe current boundary of Sunset Ridge West;(2)properties on the cul-de-sac shall consist of
low density single family homes and be consistent in design with existing homes in the Sunset
Ridge West subdivision;(3)the developers oftbe land to the west shall be responsible for all
costs associated with tbe development of the cul-de-sac;(4)single family lots on the cul-de-sac
shall be no smaller than.75 acres in size not to exceed 4 (four)lots;and (5)lots on the cul-de-sac
shall be required to join the Association and agree in a recordable writing that they will be bound
to tile Association covenants.
2.Sidewalks will not be required in the Sunset Ridge West subdivision until over 60%
(sixty percent)of the owners of the lots within the Sunset Ridge West subdivision request that
they be installed.After the City has received a request from 60%(sixty percent)of the subject
property owners a timeline and plan for the installation of sidewalks shall be developed by the
City.
3.The Owner is not required to hook up to City sewer service until over 60%(sixty percent)
of the owners oftbe lots within the Sunset Ridge West subdivision request connection to tile
municipal sewer system.Within 6 (six)months of the request of60%of the owners,the City
will undertake to cause the installation of the necessary improvements to bring sewer service
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within 300 feet or less of the Subject Property and levy any and all assessments or establish
connection fees allowed by law for the costs of said improvements to the property.The Owner
shall then hook the Subject Property to the City Sanitary Sewer service at the Owner's cost.Said
Owner shall,upon connection,be required to pay any connection fees provided by law upon
.connection as well as be responsible for any assessments as they become due.
4.Owner wi11be 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 transitional tax
abatement as allowed by the Iowa Code shall commence 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
(j)Tenth year-15%abatement
5.The 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.
6.The Association shall deed and the City shall accept ownership of the streets and rights-
of-way (excluding existing residential street lights)except as set forth in paragraph 1
hereof.The City shall be responsible for care and maintenance of these areas,including
snow removal and electricity.Streets shall be maintained to current dimension and
design.The Association wi11retain ownership of the entry way to Sunset Ridge West and
wi11be responsible for the maintenance of the landscaping.
7.Owner's property will not be specially assessed in the manner provided in section 384.42
-384.79 Code of Iowa (2005)for any fire hydrants,bike trails,parks,water,gas,
Cottonwood Drive improvements or stann water improvement that are completed within
the 10 years following execution ofthis agreement except for those assessment and
connection fees discussed in Paragraphs 2 and 3 of this agreement.However,the
property owners understand and agree that they will be responsible for all rates,fees,
taxes levied and/or charges paid by all other property owners and/or utility customers in
the City of Waukee,imposed or existing now or in the future.
WHEREAS,it is understood and agreed that the Owner will file an Application for Voluntary
Annexation ofthe Subject Property subject to the conditions set forth in this Pre-annexation
Agreement.All provisions set forth above shall survive the annexation of Owner's property and
shall thereafter be binding on the City.In the event that the annexation ofless than 80%of the
properties is not approved in a final unappealable decision,this agreement shall be null and void.
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This Agreement shall be binding on and shall inure to the benefit of all successors,assigns and
grantees of the City and Owner.
-IN WITNESS WHEREOF,this Agreement is made and executed this ~I day of
OC+"Ioe."'-,2006.~
By:_~=XZ~vO;Q 5J2Jlb-P/;t!l&lfP:C
Printed Name:
Title:Owners
STATEOFIOWA,COUNTYOF Oq!!"J
This instrument was acknowledged before me on O(IvGR>')/
{hritl-.u h.~/'7.Ji~f/N
,2006,by
Notar
Title i''''DOUGLAS L.SMITHI.~Commlallon Number 165608••My Cornmlaslon Expires
July 1,2007
Attest:/l .,,,,"
Jeffery L!,..stra City Clerk!Administrator
l
STATE OF IOWA,COUNTY OF Dallas
This instrument was acknowledgpd beforelu\\HQIM F PWvd d/ltd Jellily L·\LtlDlt>mA '
'tUM1Md!>rJ~uUJ_
Notary Public in and for said State
me ,2006,by
REBECCAP.SCHUEQ:~'?>I..ol"l"'f Commission Number 7~6496";Jili}"My Commission Expires
fOJr May 13,2008
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STATE OF IOWA )
)
)
SS:
COUNTY OF DALLAS
On this 13[h day of November,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 ofthe corporation,by authority of its City
Council as contained in Resolution No.010-16)passed by the City Council on the 6[h
day of November,2006,and that William F.Peard and Jeffrey 1.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
"iJ'<'0 RED!oCGA D.scausrr~.~Commission Number 716496
•.-..My Commission Expires
owl>-May 13,2008
EXHIBIT A
Legal Description ]
Christopher M.Hayes,3068 Cottonwood Dr.,Waukee,IA 50263
LEONARDS SUBDIVISION PLAT 2 LOT 6 being a part of Dallas County Iowa
[Parcel ID:000010002740600 (010--274-06)]
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