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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 2 of 2 ----~-------- 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 2 of 2