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Home My WebLink About2006-11-06-Resolutions 06-185A_Annexation - Foust Pre Annex AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 06-185A I APPROVAL OF A PREANNEXATION AGREEMENT BETWEEN MARK AND DIANE FOUST 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 of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,Mark and Diane Foust are the owners of record of32l7 Ute Ave.,legally described as follows: LEONARDS SUB LOT 1 &ROAD (4.50AC FR)being a part of Dallas County Iowa;AND, WHEREAS,Mark and Diane Foust 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 Prearmexation Agreement between Mark and Diane Foust and the City of Waukee,Iowa,be approved. ~=.P~'TI,M,Y"' Attest: ROLL CALL VOTE Donald L.Bailey,Jr. Isaiah McGee JeffV.Mertz Darlene Stanton Mike Watts AYE NAY ABSENT X X X X X PREANNEXA nON AGREEMENT THIS PREANNEXATION AGREEMENT ("Agreement")is made and entered into by and betweenJl1ne ..,fiJi".."f'i<,'«(the "Owner"),and the City of Waukee,Iowa (the "City"). 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 Subject 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: 1.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 govermnent standards such that a new water source is required and/or oilier alternatives are not available.At the 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 (1)acre of the 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 Subject 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 (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 U)Tenth year -15%abatement 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 ofthe 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 01'altered in a way which increases its non-conformity.Should such non- conforming structure be destroyed by ally 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,stann water facilities,pumping stations,parks,arterial streets,trails,street lights or public improvements sidewalks,fire hydrants,bike trails,parks,water,gas,R -22/Ute A venue 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, 2 I This Agreement shall be binding on and shall inure to the benefit of all successors,assigns and grantees of the City and Owner. IN WITNpSS WHEREOF,this Agreement is made and executed this ---:C.",-_day ofA/o ,,~~..-/,2006. I A By: Printed Name:Mark and iane Foust Title:Owners STATE OF IOWA,COUNTY OF Vet I!ciS This instrument was acknowledged before me on --J)J"""tl\.WfV\"-",,-,-,,V2if~,------,(Q,,,----,,2006,by--.Mrlilc awl Qil/Il1(J srD4~, ~j)Jiluw;tf Notary Public in and for said State iJ''.REBECCA D.scausntr.Commission NUr.";:cr 716496 ••My CO',l~-:::·::.-....l Expires ow -:::-_./>J,2008 Attest,". Jeffery f Ii;V STATE OF IOWA,COUNTY OF Dq/ia'J This instrument was acknowledged before me onJ&JlH q WI E Pea vct d PIC!J?(1Vur L-.1L&JI'o/Yll ,7 ~)I'~(~ ,2006,by ~ ,.,REBECCA D.SCHUETTf.~Commission Number 716496 ••My Commission Expires OYl~May 13,2008 Notary Public in and for said State STATE OF IOWA ) ) COUNTY OF DALLAS ) On this ~day of J}o\fU\11 ~,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 Mayor and 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 in behalf of the corporation, by authority of its City Council,as contained in Resolution No.010-J ~5adopted by the City Council on the ~day of A 1215 (Yl{\9(v ,2006,and that William F.Peard and Jeffrey L.Kooistra acknowledge 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 .,,,REBECCA D.SCHUETT~jj~.<I'~Commission Number 7~6496•-_•My CommIssion Expires owl>-May 13,2008 EXHIBIT A Legal Description Mark and Diane Foust,3217 Ute Ave.,Waukee,IA 50263 LEONARDS SUB LOT 1 &ROAD (4.50AC FR)being a part of Dallas County Iowa [Parcel ID:000010003060100 (010-306-01)]