HomeMy WebLinkAbout2006-11-06-Resolutions 06-195A_Annexation - McClellan Pre Annex AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 06-195A
APPROVAL OF A PREANNEXATION AGREEMENT BETWEEN
STEPHEN R.MCCLELLAN AND SHELLIE KNIPFER-MCCLELLAN 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,Stephen R.McClellan and Shellie Knipfer-McClellan are the owners of
record of3242 Oakview Ct.,legally described as follows:
LEONARDS SUBDIVISION PLAT 2 LOT 20 being a part of Dallas County Iowa;
AND,
WHEREAS,Stephen R.McClellan and Shellie Knipfer-McClellan 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 ofthe City of Waukee,
Iowa in session this 6th day of November 2006 that the Preannexation Agreement
between Stephen R.McClellan and Shellie Knipfer-McClellan and the City of Waukee,
Iowa,be approved.
Attest:
dministrator/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 ~,fr:"J,,",-f{.A.{<c/",jl",.,~S:l,,-:I/;'~./
(hereinafter referred collectively as "Owner'.').·.iT......•.t!nJl'f&i~-/~~
WITNESSETH:
WHEREAS,Owner is the owner of record ofthat property as described in the attached Exhibit
"A",which is by this reference incorporated herein (hereinafter referred to as the "Subj ect
Property");and
WHEREAS,the Subject Property is presently located entirely within Dallas County,Iowa,and
outside the corporate limits of any oilier city;and
WHEREAS,the Owner does not want to have the Subject Property annexed to tile 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 adj acent property to tl1e 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 title by the Association at the time of
armexation.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 the
following conditions:(l)the land to the west ofthe current boundary of Sunset Ridge West is
developed so that 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 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 tile 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 the 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 ofthe 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
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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 will be 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 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 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 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,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 ;2.f day ofocftJ!:J'-':.,--,2006.
By:
JL-~~,-,"---c2=:Lf_,2006,by
bhc in and for said State~
Title
By:
William
Attest:-,,4'141c,L--!7,LS2~~---c---,-------
Jeffery Lf
STATE OF IOWA,COUNTY OF J)qllas
,2006,by
RE"1FCCA D'.SCHUETI
f(.\"L~"t;;;i.~•496fl:'J-I,~."'&r-Commission 1\I~mb8r7~6";~.My CommissIon ExpIres
I{iwl'-~a_y 1?:.:.._20_08__~!fteu~6+j CJJ)j}CI IAll w 1mTiteI
Notary Public in and for said State
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STATE OF IOWA )
)
)
SS:
COUNTY OF DALLAS
On this l3i1l 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 ofthe corporation,and that
the instrument was signed and sealed on behalf of the corporation,by authority of its City
Council as contained in Resolution No.()\s,-\llS passed by the City Council on the 6th
day of November,2006,and that William F.Peard and Jeffrey L.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
,,,'...\~t.r:REl~ECCA D.SCHUE"o'"A"-.•,-;.s.!"Commission Number 716496
IOVf~MV Commission Expires
May 13,2008
EXIDBITA
Legal Description IStephanR.and Shellie McClellan,3242 Oakview Ct.,Waukee,IA 50263
LEONARDS SUBDIVISION PLAT 2 LOT 20 being a part of Dallas County
Iowa [Parcel ill:000010002742000 (010--274-20)]
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