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Home My WebLink About2006-11-06-Resolutions 06-187A_Annexation - Phillips-Hamilton Pre Annex AgrTHE CITY OF WAUKEE,IOWA )RESOLUTION 06-187A APPROVAL OF A PREANNEXATION AGREEMENT BETWEEN PHILLIPS- HAMILTON,INC.,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,Phillips-Hamilton,Inc.is the owner of record of certain property,legally described as follows: NW NE and NE NE &N6AC SE NE located in Section 7 Township 78 Range 26 and Nl/2 NW NW NW located in Section 8 Township 78 Range 26 being a part of Dallas County Iowa;AND, WHEREAS,Phillips-Hamilton,Inc.has 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 61h day of November 2006 that the Preannexation Agreement between Phillips-Hamilton,Inc.and the City of Waukee,Iowa,be approved. Attest: I ef ..Kooistra City Administrator/Clerk ROLL CALL VOTE Donald L.Bailey,II. Isaiah McGee IeffV.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 Phillips-Hamilton,Inc.,an Iowa Corporation (hereinafter referred to 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"); 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 they are confident that certain conditions are met by the City of Waukee to ensure that annexation is in their best interest.These conditions are as follows: 1.Subject property will be brought into the City under the A-I zoning classification in order to allow for all existing uses and permitted activities,and shall remain classified A-I until such time as Owner desires to change the zoning classification pursuant to Waukee's city ordinances or the property is developed. 2.The City acknowledges that the Owner of the Subject Property is not currently interested in developing the property beyond its current use.Furthermore,the City is aware that property owners within the area are seeking to construct the infrastructure.pecessary to develop their properties for residential and commercial uses.The property owner shall not be responsible directly or indirectly,for the development nor shall the Subject Property be assessed or have any liens created upon the property for the creation of said infrastructure.Owner will not be required to connect to the City's sanitary sewer until the Owner formally requests service from the City.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 connection fee established for all relevant property in the manner prescribed in the applicable ordinance. 3.The Subject Property shall not be required,directly or indirectly,to make any improvements nor shall the property be assessed or liens created for the widening, improving,or repairing of any streets until such time as the property is developed.In the event the Subject Property develops prior to the development of any of the properties around the Subject Property,the Owner shall be responsible for a full urban road section on the side of the road adjacent to the property (12 ft. travel lane,3~ft.curb and gutter),a rural road section on the other side of the road (12 ft.travel lane only),and the storm sewer cross runs for 320th Street/Ashworth Road and U Place.When adjoining property develops it will be responsible for 3~ft. curb and gutter and the storm sewer. 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 and that the failure of the City to comply with any of the conditions set forth herein shall be a reason for the Owner to withdraw its Application for Voluntary Annexation in accordance with the procedures and limits provided for under chapter 368 Code of Iowa governing the withdraw of Voluntary annexation petitions.All provisions set forth above shall survive the annexation of Owner's property and shall thereafter be binding on the City. This Agreement shall be binding on and shall inure to the benefit of all successors,assigns and grantees of the City and Owner. PHILLIPS-HAMILTON,INC. D ate :__LA-'-.'1"~tl-'---,--/~7'--cr--,Z-=,C,,-1"'0'-t6:>-_/:)President ATTEST: Ci --------------- STATE OF IL LlN615 __~0~O~O~~~COUNTY,ss: This instrument was acknowledged before me on the I~ of August,2006,by Phillips H.Hamilton as President of Phillips-Hamilton,Inc. OFFICIAL SEAL Eric J.Huertas Notary Public,State of Illinois My Commission Exp.03/14/2009 kM'tN day State of tl.LINo(j STATE OF IOWA,DALLAS COUNTY,ss: A!l)vi:V-1lpc.vOnthisJ7~day of AB~&&~,2006,before me,the under- signed,a Notary Public in and for the State of Iowa,persopally appeared Mayor W;llil/Wl f.Peavzl.and City Clerk 1ef('l'Cd!L,.)l()OI'1lI:a..::., to me personally known,who,being by me duly sworn,did say that they are the Mayor and City Clerk,respectively,of the City of Waukee,Iowa;that the seal affixed to the forgoing instrument was signed and sealed on behalf of the~~~r~~~ation by authority of its City Council as contained in 6TB~~~~€LNo.Ow-L~I passed by the City Council under Roll Call No.~N~lA~'~__ of the City Council on the Ian",day of j){j,I0A4!bCr r and that the Mayor and City Clerk as such officers acknowledge the execution of said instrument to be the voluntary act and deed of the corporation by it voluntarily executed. Notary Public,State ot Iowa .,REBECCA D.SCHUETI ~.,.~'\.CommissIon ,Nu.mber 7~6496.A~My Oornrrusalon expires fOWl>-L1a'j 13.2008 t· EXHIBIT A Legal Description Phillips-Hamilton,Inc.,Phillips-Hamilton Inc,BX 500,Nevada IA 50201 NW NE and NE NE &N6AC SE NE located in Section 7 Township 78 Range 26 and Nl/2 NW NW NW located in Section 8 Township 78 Range 26 being a part of Dallas County Iowa [Parcel ID:000010002700000 (010-270), 000010002690000 (010-269),000010002930000 (010-293)]