HomeMy WebLinkAbout2006-11-06-Resolutions 06-188A_Annexation - Burger Pre Annex AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 06-188,A
APPROVAL OF A PREANNEXATION AGREEMENT BETWEEN JERRY D.
BURGER,KATHLEEN A.BURGER AND THE HARVEY D.BURGER FAMILY
TRUST 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,Jerry D.Burger,Kathleen A.Burger and the Harvey D.Burger Family
Trust are the owners of record of celia in property,legally described as follows:
Parcel #1 -The Southwest Quarter (Y4)and the Southwest Quarter ofthe
Southeast Quarter (SW Y4ofSE Y4)of Section 1,Township 78 North,Range 27
West of the SthP.M.,Dallas County,Iowa;Excepting therefrom a tract of real
estate described as follows:Commencing 909 feet East of the Southwest Comer
of Section 1 in Township 78 North,Range 27 West of the SthP.M.,Dallas
County,Iowa;thence North 249 feet,thence West 209 feet,thence South 249
feet,thence East 209 feet to the point of beginning,and Excepting therefrom a
rectangular shaped tract of land that is located in the SW Y4of Section 1,T78N,
R27 West of the SthP.M.,Dallas County,Iowa described as follows:
Commencing at the SW corner of the SW Y4of said Section 1,thence N90000 'E,
along the South line of the SW Y4of said Section 1,909.0 feet,to the point of
beginning,thence NooOO'E,672.0 feet,thence N90000'E,890.0 feet,thence
SooOO'E,672.0 feet,to a point that is on the South line of the SW Y4of said
Section 1,thence N90000 'W,along the South line of the SW Y4of said Section 1,
890.0 feet to the point of beginning and Except All that part of the Southeast Y4of
the Southwest Y4of Section 1,Township 78 North,Range 27 West,Dallas
County,Iowa being more accurately described as follows:Commencing at the
Southwest corner of said Section1;thence North 90°00'00"East along the South
line of the Southwest Y4of said Section 1 a distance ofl799.00 feet to the point of
beginning;thence North 00°00'00"East a distance of 672.00 feet;thence North
90°00'00"West parallel with and 672.00 feet North of the South line of the
Southwest Y4of said Section 1 a distance of SOO.76 feet to a point on the West line
of the East Yz of the Southwest Y4of said Section 1;thence North 00°39'01"West
along the West line of the East Yz of the Southwest Y4of said Section 1 a distance
of 439.30 feet;thence North 90°00'00"East a distance of 130S.37 feet to a point
on the East line of the Southwest Y4of said Section 1;thence South 00040'3S"
East along the East line of the Southwest Y4of said Section 1 a distance of
1111.3S feet to the Southeast comer of the Southwest Y4of said Section 1;thence
North,90°00'00"West along the South line of the Southwest Y4of said Section 1,
a distance of 812.74 feet to the point of beginning.
Parcel #2 -Government Lots 13 and 14 Except an irregular shaped tract ofland
that s located in Government Lots 13 and 14 in the NW fractional Y.of Section 1-
T78N-R27W of the 5th P.M.,Dallas County,Iowa,all of which is more accurately
described as follows:Beginning at the NW Comer of said Government Lot 13,
thence N90oOO'E along the North lines of said Government Lots 13 and 14,
2624.55 feet to the NE comer of said Government Lot 14,1065.27 feet,thence
589°50'56"W,along an existing fence line,715.84 feet,thence N2°10'44"E,
along an existing fence line,256.32 feet,thence N89°42'W,along an existing
fence line,600.54 feet,thence Noo03'32"E,along an existing fence line,109.77
feet,thence N89°24'32"W,along an existing fence line,1062.48 feet,thence
S6T26'W,along an existing fence line,150.0 feet,thence 587°26'W,along an
existing fence line,117.0 feet,to a point that is on the West line of said
Government Lot 13,thence N1 °04'W,along the West line of said Government
Lot 13,750.0 feet,to the point of beginning.
]
AND Government Lots 15 and 18,Except a tract of real estate describedas
follows:Parcel B Gov Lot 15 of Section 1 in Township 78 North,Range 27 West
of the 5th P.M.,Dallas County,Iowa,Except an irregular shaped parcel ofland
being part of Government Lots 15 and 18 in Section 1,Township 78 North,Range
27 West of the s"P.M.,Dallas County,Iowa,described as follows:Commencing
at the Northwest comer of said Government Lot 15;thence North 90°00'00"East
along the North line of said Government Lot 15,714.60 feet to the point of
beginning;thence continuing North 90°00'00"East along said North line 588.81
feet to the Northeast comer of said Government Lot 15,thence South 01 °03 '38"
East along the East line of said Government Lot 15,1,313.00 feet to the Southeast
comer of said Lot 15;thence South 00°50'38"East along the East line of said
Government Lot 18,624.00 feet;thence North 75°05'59"West 744.43 feet;
thence North 29°39'17"West 122.88 feet;thence North 19°01 '19"West 270.09
feet;thence North 01 °59'36"West 415.56 feet;thence North 86°50'25"West
420.89 feet to a point on the West line of said Government Lot 15;thence North
00°43'30"West along the West line of said Government Lot 15,99.06 feet;
thence South 89°48'32"East 293.37 feet;thence North 40°01 '00"East 293.00
feet;thence South 70°19'00"East 100.00 feet,thence North 13°17'22"East
541.74 feet;thence North 01 °24'00"East 130.00 feet to the point ofbegiuning
and Except Beginning at the N orthwest comer of Government Lot 15 Section 1-
T78N of Range 27 West ofthe 5th P.M.,Dallas County,Iowa,thence South 0°59'
East,847 feet thence North 88°39'East 290 feet,thence North 40°01'East 293
feet,thence South 70°19'East 100 feet,thence North 3°00'East 170 feet,thence
North 13°27'East 200 feet,thence North 22°59'East 177 feet,thence North
1°24'East 130 feet,thence West 714.6 feet to the point of beginning and all of
Government Lots 19 and 20 and the Northwest Y.of the Southeast Y.all in
Section 1,Township 78 North of Range 27 West of the 5th P.M.,Dallas County,
Iowa;AND,
WHEREAS,Jerry D.Burger,Kathleen A.Burger and the Harvey D.Burger Family
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 Preannexation Agreement
between Jerry D.Burger,Kathleen A.Burger and the Harvey D.Burger Family and the
City of Waukee,Iowa,be approved.
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Isaiah McGee
JeffY.Mertz
Darlene Stanton
Mike Watts
AYE NAY ABSENT
X
X
X
X
X
PREANNEXATION AGREEMENT
THIS PREANNEXATION AGREEMENT ("Agreement")is made and entered into by and
between ,(euu ])Btlrqzv V-(the "Owner"),and the City of Waukee,Iowa (the "City").
I .II)CdMan4 i?"v'J",r....._
f!t1I'tI"'j-J)8w.9u-nrm,1'(Ir",,!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 Real Estate."
WHEREAS,the Owner now desires to have the Subject Real Estate 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 Real Estate to the City;NOW,THEREFORE,
IT IS AGREED BY THE PARTIES AS FOLLOWS:
1.The Owner covenants and agrees to file an Application for Voluntary Annexation of
the Subject Real Estate,as identified in Exhibit A,to the City.
2.The Owner covenants and agrees to file an Application for Voluntary Annexation of
Subject Real Estate,as identified in Exhibit B,to the City when sanitary sewer and water capacity is
available for the property.
3.In consideration of the agreement by the Owner to voluntary annex the Subject Real
Estate,and ofthe subsequent future completion of the annexation,the City covenants and agrees that
it will inclnde the property in its comprehensive planning and capital improvement process no later
than 12 (twelve)months after approval by the City ofa Concept Plan for development ofthe Subject
Real Estate to be submitted by the Owner or the Owner's successor in interest.
4.In consideration of the agreement by the City in accordance with paragraph 3 above,
the Owner covenants and agrees that the use of a portion of the Subject Real Estate as a hog
confinement operation shall cease no later than 24 (twenty-four)months after approval by the City
ofa Concept Plan for development of the Subject Real Fstate as identified in Exhibit A.
5.This Agreement shall run with the land and shall be binding on and shall inure to the
benefit of all successors,assigns and grantees of the City and the Owner.
---~--~--
CITY OF Wi)UKEE,r;:}}/
By:UK7/;t;t;~
will{6m F.p.e rd,za or
/.'.,.A-
City Administrator/Clerk
STATE OF lOW A,COUNTY of:IYI U·/I.J-
This instrument was acknowledged
/.;;>V itovrtrfo/.7)ooroer v;Atll!z/e<tn ~n(/rt:iifrJJ
before me on /?tl"lC/jf 1
as Ott~n€fqt r;;:JlelZ-'V-t/Wi?er
,;poOb
,Wl'75,by
of
c in and for said State
STATE OF IOWA,COUNTY OF DALLAS
'J(j)1p
On this ~day of ,JJ()ut\-!1~if ,;t0eS;before me,the \1l1der~ed,~o~]'Public in and
for said County and State,personally appeared Bill Peard and Juhn-Ehb~gine p~ersonallyknown,
and who,being by me duly sworn,did say that they are the Mayor and City Clerkl Administrator,
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 waittei'&1~and sealed on behalf of the
corporation,by authority of its City Council,as contained in Q~}ftt1ee No.O\r/Mpassed by the City
Councill±HEkll:.R,0U-GaI·J.-N~~erf~it<;~li\nei-Jfon the ~day of J)6IJfAAi !?{V ,WE15,c9CO c.
and that Bill Peard and Jerhl'l-g·ihs\!;n '\l:¥knh~)edged the execution of the instrument to be their
voluntary act and deed and the voluntary act and deed of the rml;J:z»~xecuted.
Notal]'Public in and for said State
.''.REBECCAD.SCHUETTIii~commission Number 716496~r My Commission Expires
lOW May 13,20082
JjM BR:Jil11 Ncrvig.Ctty or Wnukee:05.1 O.IJ.PremmexAgmtBurger.doc
Home place,
.-Parcel #1Legal Description
Van Meter Township,Dallas County,Iowa
153.868 Acres,more or less
The Southwest Quarter ('I.)and the Southwest Quarter ofthe Southeast Quarter
(SWY.of SE 'I.)of Section 1,Township 78 North,Range 27 West of the 5th P.M.,
Dallas County,Iowa;Excepting therefrom a tract of real estate described as follows:
Commencing 909 feet East of the Southwest Corner of Section 1 in Township 78
North,Range 27 West of the 5th P.M.,Dallas County,Iowa;thence North 249 feet,
thence West 209 feet,thence South 249 feet,thence East 209 feet to the point of.
beginning,and Excepting therefrom a rectangular shaped tract of land that is located in
the SW Y.of Section 1,T78N,R27.West of the 5th P.M.,Dallas County,Iowa'
described as follows:Commencing at the SW corner of the SW 'I.of said Section 1,
thence N90~OO'E,alongtheSouth line of the SW y.of said Section 1,909.0 feet,to
the point of beginning,thence NOoOO'E,672.0 feet,thence N90000'E,890.0 feet,
thence SODOO'E,672.0 feet,to a point that is on the South line of the SW 'I.of said
Section 1,thence N90000'W,alongthe South line ofthe SW 1j"of said Section 1,
890.0 feet to the point of beginning and Except All that part of the Southeast 1j"of the
Southwest Y.of Section 1,Township 78 North,Range 27 West,Dallas County,Iowa
being more accurately described as follows:!Commencing at the Southwest corner of
said Section 1;thence North 90°00'00"East along the South line of the Southwest 1j"of
said Section 1 a distance of 1799.00 feet to the point of beginning;thence North
00°00'00"East a distance of 672.00 feet;thence North 90°00'00"West parallel with
and 672.00 feet North of the South line ofthe Southwest 'I.of said Section 1 a distance
of500.76 feet to a point on the West line ofthe East Y2of the Southwest 'I.of said
Section 1;thence North 00°39'01"West along the West line of the East Y2of the
Southwest 1j"of said Section 1 a distance of 439.30 feet;thence North 90°00'00"East a
distance of 1305.37 feet to a point on the East line of the Southwest 1j"of said Section
1;thence South 00°40'35"East along the East line ofthe Southwest Y.of said Section
1 a distance of 1111.35 feet to the Southeast corner of the Southwest 1j"of said Section
1;thence North ,90°00'00"West along the South line of the Southwest ~;,;of said
Section 1,a distance of 812.74 feet to the point of beginning.
Book 2004 Page 17567
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j Exhibit -/f I2ol1t,vuuzd,
Legal Description of ForretfLangfitt Farms in Dallas County,Iowa
Parcel #2 -Government Lots 13 and 14 Except an irregular shaped tract of land that
is located in Government Lots 13 and 14 in the NW fractional V.of Section 1-T78N-
R27W of the 5th P.M.,Dallas County,Iowa,all of which is more accurately
described as follows:Beginning at the NW comer of said Government Lot 13,thence
N90000'E along the North lines of said Government Lots 13 and 14,2624.55 feetto
the NE comer of said Government Lot 14,thence So044'30"E,along the East line of
said Government Lot 14,1065.27 feet,thence 589~50'56"W,along an existing fence
line,715.84 feet,thence N2°10'44"E,along an existing fence line,256.32 feet,thence
N89°42'W,along an existing fence line,600.54 feet,thence Noo03'32"E,along an
existing fence line,109.77 feet,thence N89°24'32"W,along an existing fence line,
1062.48 feet,thence S67°26'W,along an existing fence line,150.0 feet,thence
587°26'W,along an existing fence line,117.0 feet,to a point that is on the West line
of said Government Lot 13,thence N1 °04'W,along the West line of said
Government Lot 13,750.0 feet,to the point of beginning.
'AND Government Lots 15 and 18 Except an irregular shaped parcel of land being part
of Govemment Lots 15 and 18 in Section 1,Township 78 North,Range 27 West of
the 5th P.M.,Dallas County,Iowa,described as follows:Commencing at the
Northwest corner of said Govemment Lot 15;thence North 90°00'00"East along the
North line of said Government Lot 15,714.60 feet to the point of beginning;thence
continuing North 90000'00"East along said North line 588.81 feet to the Northeast
corner of said Government Lot 15;thence South 01°03'38"East along the East line of
said Government Lot 15,1,313.00 feet to the Southe'ast corner of said Lot 15;thence
South 00°50'38"East along the East line of said Government Lot 18,624.00 feet;
thence North 75°05'59"West 744.43 feet;thence North 29°39'17"West 122.88 feet;
thence North 19°01'19"West 270.09 feet;thence North 01 °59'36"West 415.56 feet;
thence North 86°50'25"West 420.89 feet to a point on the West line of said
Government Lot 15;thence North 00°44'30"West along the West line of said,
Government Lot 15,99.06 feet;thence South 89°48'32"East 293.37 feet;thence
North 40°01'00"East 293.00 feet;thence South 70°19'00"East 100.00 feet;thence
North 13°17'22"East 541.74 feet;thence North 01°24'00"East 130.00 feet to the point
of beginning and Except Beginning at the Northwest comer of Government Lot 15
Section I-T78N of Range 27 West of the 5th P.M.,Dallas County,Iowa,thence
South 0°59'East,847 feet thence North 88°39'East 290 feet,thence North 40°01'
East 293 feet,thence South 70°19'East 100 feet,thence North 3°00'East 170 feet,
thence North 13°27'East 200 -feet,thence North 22°59'East 177 feet,thence North
I °24'East 130 feet,thence West 714.6 feet to the point of beginning and all of
Government Lots 19 and 20 and the Northwest V.of the Southeast V.all in Section 1,
Township 78 North of Range 27 West of the 5th P.M.,Dallas County,Iowa
n I.nnn"r-,.1,,-",-.1"\
EXHIBIT A
Legal Description
SW SE 01-78-27 Van Meter Twsp consisting of approximately 38.75 acres;And NW SE 01-78-
27 Van Meter Twsp consisting of approximately 40 acres;And GOV LOT 18/EX 9.60A NE
CORI 01-78-27 Van Meter Twsp consisting of approximately 30.4 acres;And GOV LOT 15 lEX
11.39AC NW COR &24.347ACI Van Meter Twsp consisting of approximately 3.84 acres;And
GOV LT 14 lEX lRREG 28.29 AC PCLI &GOV LOT 13 lEX lRG 21.29 PCL IN N PTI 01-78-
27 Van Meter Twsp;And GOV LOT 19 01-78-27 Van Meter Twsp consisting of approximately
40 acres;And NE SW 01-78-27 Van Meter Twsp consisting of approximately 40 acres;And SW
SW lEX E411'S672'&209'S249'W909'1 01-78-27 Van Meter Twsp consisting of
approximately 30.25 acres;And NW SW 01-78-27 Van Meter Twsp consisting of approximately
38.75 acres;And GOV LOT 2001-78-27 Van Meter Twsp consisting of approximately 38.75
acres
o 0.125 0.25 0.5 Miles
If__-+----+'~'--If__-+----+~+---jl
3
----~_.~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~--~~~~~-
EXHIBITB
Lcgal Description
E890'W1799'S672'S 1/2 SW 1/4 1 78 27 Van Meter Twsp consisting of approximately 13 acres;
And SE SW EXCEPT W479'S672'01-78-27 Van Meter Twsp consisting of approximately
24.89 acres
o 0.125 0.25 0.5 Miles
1-1-+----+'--+--+1 --+--+----+--41
4
Home place,Van Meter Township,Dallas County,Iowa
..:,
,a rectangular shaped tract of land that is located in
the SW v..of Section 1,T78N,R27West of the 5th P,'M"Dallas County,Iowa
described as follows:Commencing at the SW corner of the SW V.of said Section 1,
thence N90000'E,along theSouth line of the SW Y.of said Section 1,909,0 feet,to
the point of beginning,thence NOOOO'E,672,0 feet,thence N90000'E,890.0 feet,
thence SooOO'E,672.0 feet,to a point that is on the South line of the SW v..of said
Section 1,thence N90000'W,along the South line of the SW v..of said Section 1,
890.0 feet to the point of beginning and Except All that part of the Southeast V.of the
Southwest Y.of Section 1,Township 78 North,Range 27 West,Dallas County,Iowa
being more accurately described as follows:Commencing at the Southwest corner of
said Section 1;thence North 90000'00"East along the South line of the Southwest Y.of
said Section 1 a distance of 1799.00 feet to the point of beginning;thence North
00000'00"East a distance of 672.00 feet;thence North 90000'OO"West parallel with
and 672.00 feet North of the South line of the Southwest Y.of said Section 1 a distance
of500.76 feetto a point on the West line of the EastY;z of the Southwest v..of said
Section'1;thence North 00039'01"West along the West line of the East Y;z of the
Southwest Y.of said Section 1 a distance of 439.30 feet;thence North 90000'00"East a
distance of1305.37 feet to a point on the East line ofthe Southwest V.of said Section
1;thence South 00°40'35"East along the East line ofthe Southwest v..of said Section
1 a distance of 1111.35 feet to the Southeast corner ofthe Southwest \4 of said Section
1;thence North,90°00'00"West along the South line of the Southwest ~I.,of said
Section 1,a distance of812.74 feet to the point of beginning.
Book 2004 Page 17567
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