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Home My WebLink About2006-11-06-Resolutions 06-209_Annexation - Schmitt Pre Annex AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 06-209 APPROVAL OF A PREANNEXATION AGREEMENT BETWEEN MARK SCHMITT AND AMY FERGUSON-SCHMITT 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 oflowa,is a duly organized Municipal Organization;AND, WHEREAS,Mark Schmitt and Amy Ferguson-Schmitt are the owners of record of 3086 Cottonwood Dr.,legally described as follows: LEONARDS SUBDIVISION PLAT 2 LOT 3 being a part of Dallas County Iowa; AND, WHEREAS,Mark Schmitt and Amy Ferguson-Schmitt 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 ofWaulcee, Iowa in session this 6th day of November 2006 that the Preannexation Agreement between Mark Schmitt and Amy Ferguson-Schmitt 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 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 dlh<,{~-I.~>::r-..(/lI11 ';:::;/9#1,:-'4-f.d.~>~ (hereinafter referred collectively 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");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 the City of Waukee unless the Owner is confident that certain conditions are met by the 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 the "Association")shall provide the City with sanitary sewer,water main,storm sewer,and overland flowage easements for the west 10 feet by 60 feet held in titIe by the Association at the time of annexation.The remaining west 10 feet reserved and held in title by the Association will be dedicated to the City for public street purposes upon full and complete satisfaction of each of tile following conditions:(1)tile land to the west of the current boundary of Sunset Ridge West is developed so that Cottonwood Drive becomes a cul-de-sac which reaches its terminus just west of tile 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 ofthe land to the west shall be responsible for all costs associated with the 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 tile Association and agree in a recordable writing that they will be bound to the Association covenants. 2.Sidewalks will not be required in the Sunset Ridge West subdivision until over 60% (sixty percent)of the owners of tile lots within the Sunset Ridge West subdivision request that they be installed.After the City has received a request from 60%(sixty percent)of tile 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 tile owners of the lots within the Sunset Ridge West subdivision request connection to the municipal sewer system.Within 6 (six)months of the request of 60%of the owners,tile City will undertake to cause the installation of the necessary improvements to bring sewer service -1 - 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 will be entitled to tax abatement as authorized under the Code ofIowa 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 buming if allowed under applicable laws or other ordinances or regulations,as may change from time to time. 6.TIle 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 will retain ownership of the entry way to Sunset Ridge West and will be 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 ofIowa (2005)for any fire hydrants,bike trails,parks,water,gas, Cottonwood Drive improvements or storm water improvement that are completed within the 10 years following execution of this 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 andlor 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 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 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,tills agreement shall be null and void. -2 - 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 3o.J-t!day of 0c.,f',;,£','/C ,2006, By:~~L~ t110~q(/1J-1v:rJv~~.;:;:if Printed Name:/11'1,'1.":;;:C/'Y'1.~ Title:Owners A/Jot'!A.r'P,.,,fi','1 -S~/.~/7T I STATE OF IOWA,COUNTY OF UAilt.1i This instrument was acknowledged before me on ~/30 1l111rlc$chW\;t\-a..vvJJ fWN,'ferJu50f1-5Gh",:it ,2006,by Title r STATE OF IOWA,COUNTY OF DqllCL5 Tins instrument was acknowledged(()~IIq WI f.\tCVll1 iJYlcl1tiffrH l-1{fX'l l1rq 1tIJMM1!.~UuuJ1_ Notary Public in and for said State before me on -/'"P""o'--'JWt=H-'lf'----'...13«--_"2006,by RE6"CCA D.SCHUeTI 6,.....~.l'(>r-com;;ission Number 7~6496~A~My Commission Expires IO'f/~May 13,2008 -3 - STATE OF IOWA ) ) ) SS: COUNTY OF DALLAS On this 13u1 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 1.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 ofWaulcee,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and scaled on behalf of the corporation,by authority of its City Council as contained in Resolution No.6\o-';>()q 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 jJ''''FilEEi;.~CCf.H)'(>CHUE!Ig'..."';:.Ccrnmtsslon Number 716496 '.~'rt';y Commission Expires IOV/~Ma.y 13,2008 EXHIBIT A Legal Description Mark J.and Amy Feguson-Schmitt,3086 Cottonwood Dr.,Waukee,IA 50263 LEONARDS SUBDIVISION PLAT 2 LOT 3 being a part of Dallas County Iowa [Parcel ID:000010002740300 (010--274-03)] -5 -