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HomeMy WebLinkAbout2012-11-19-Resolutions 12-251_Urban Renewal Plan Amendment 3RESOLUTION NO.12-251 RESOLUTION DETERMINING AN AREA OF THE CITY TO BE AN ECONOMIC DEVELOPMENT AREA,AND THAT THE REHABILITATION,CONSERVATION,REDEVELOPMENT, DEVELOPMENT,OR A COMBINATION THEREOF,OF SUCH AREA IS NECESSARY IN THE INTEREST OF THE PUBLIC HEALTH, SAFETY OR WELFARE OF THE RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS APPROPRIATE FOR URBAN RENEWAL PROJECTS;AND ADOPTING AMENDMENT NO.3 TO THE WAUKEE UNIFIED URBAN RENEWAL PLAN WHEREAS,by Resolution No.93,adopted December 13,1988,this Council found and determined that certain areas located within the City arc eligible and should be designated as an urban renewal area under Iowa law,and approved and adopted the Waukee Urban Renewal Plan (the "Plan")fOTthe Waukee Urban Renewal Plan Area (the "Waukee Urban Renewal Area").The Waukee Urban Renewal Area was amended by Resolution 00-226,adopted December 18,2000;further amended by Resolution 01-58, adopted ApTil15,2001;further amended by Resolution 02-139,adopted September 23, 2002;further amended by Resolution 03-10,adopted January 6,2003;further amended by Resolution 03-98,adopted ApTi12l,2003;further amended by Resolution 04-159, adopted July 12,2004;and further amended by Resolution 07-95,adopted May 21,2007; and WHEREAS,by Resolution No.197,adopted June 15,1992,this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law,and approved and adopted the Waukee Southwest Urban Renewal Plan (the "Plan")for the Waukee Southwest Urban Renewal Plan Area (the "Waukee Southwest Urban Renewal Area");and WHEREAS,by Resolution No.335,adopted March 20,1995,this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law,and approved and adopted the Enterprise Business Park Urban Renewal Plan (the "Plan")for the Enterprise Business Park Urban Renewal Plan Area (the "Enterprise Business Park Urban Renewal Area"); and WHEREAS,by Resolution No.04-272,adopted December 20,2004,this Council approved and adopted an Amendment to Consolidate the Hickman West Urban Renewal Area,Enterprise Business Park Urban Renewal Area,and the Waukee Urban Renewal Areas and add property;and -1 - WHEREAS,by Resolution No.11-80 adopted on May 23,2011,tins Council approved and adopted Amendment No.I to the Waukee Unified Urban Renewal Plan in order to:(1)unify all of the City's existing urban renewal areas into a single area;(2) rename the unified areas the Waukee Unified Urban Renewal Area and rename the Plan as tile Waukee Unified Urban Renewal Plan;(3)add additional new property for roads and future development,which property is designated as the Amendment No.I Area to the Waukee Unified Urban Renewal Area;(4)confirm the list of urban renewal activities that may be undertaken by the City;and (5)designate a part of the new area to be added as appropriate for the remediation of blight;and WHEREAS,by Resolution No.11-224 adopted on December 5,2011,this Council approved and adopted Amendment No.2 to the Waukee Unified Urban Renewal Plan in order to add additional new property for remediation and future development,and to designate the new area to be added as appropriate for the remediation of blight and to provide authority for additional proposed urban renewal projects;and WHEREAS,this Urban Renewal Area currently includes and consists of: Waukee Urban Renewal Area (1988) The Northwest Quarter (NW 14)of Section Thirty-five (35),Township Seventy- nine (79)North,Range Twenty-six (26)West,Fifth P.M.,City of Waukee,Dallas County,Iowa. Waukee Southwest Urban Renewal Area (1992) A tract of land of portions of Government Lot 4 aud Government Lot 5,all in Section 5,Township 78 North,Range 26 West of the 5th Principal Meridiau in and forming a part of the City of Waukee,Dallas County,Iowa,and more particularly described as follows: Commencing at the northwest comer of said Section 5,Township 78 North, Range 26 West with the west line of said section having au assumed true bearing of S 0°00'00"W,with all subsequent bearings referenced therefrom;thence N 89°55'04"E,a distauce offorty (40)feet;thence S 0°00'00"W,a distance of nine hundred eighty-nine aud forty-one hundredths (989.41)feet to the point of beginning;thence N 89°57'E,a distauce of five hundred two aud sixty hundredths (502.60)feet;thence S 58°34'31"E,a distance of three hundred fifty- one aud two tenths (351.2)feet;thence N 89°56'16"E,a distance of four hundred seventy aud twenty hundredths (470.20)feet to a point on the east line of Govemment Lot 4;thence S 0°08'31"W,a distauce of one thousand six hundred fifty-nine aud twenty-eight hundredths (1,659.28)feet;thence S83°22'09"W,a distance of one thousand two hundred seventy-six and twenty-six hundredths (1,276.26)feet;thence N 0°00'00"E,a distance of five hundred twenty-nine and -2- thirty-four hundredths (529.34)feet;thence N 83'11"E,a distance of ninety- seven and seventy-two hundredths (97.72)feet;thence N 0°00'00"E,a distance of one hundred fifty-seven (157)feet;thence S 83°11'W,a distance of ninety- seven and seventy-two hundredths (97.72)feet;thence N 0°00'00"E,a distance of twenty-five (25)feet;thence N 83°11'E,a distance of five and four hundredths (5.04)feet;thence N 0°00'00"E,a distance of eight hundred fifty-three and thirty hundredths (853.30)feet;thence S 83°11'W,a distance of five and four hundredths (5.04)feet;thence N 0°00'00"E,a distance of four hundred twenty- three and seventy-five hundredths (423.75)feet to the point ofbegiuning.The above described parcel containing fifty-two and seventy-nine hundredths (52.79) acres,more OT less. Enterprise Business Park Urban Renewal Area (1995) A parcel ofland located in Section 27 and Section 28,Township 79 North,Range 26 West of the fifth principal meridian,City of Waukee,Dallas County,Iowa, being described as follows: Beginning at the southwest comer of said Section 27,thence north 90°00'00" west,50.00 feet;thence n011h 00°27'0 I"east,1,402.56 feet;thence n011h 90°00'00"east,100.00 feet;thence south 00°27'01"west,130.00 feet;thence n011h 90°00'00"east,723.42 feet;thence southeasterly,109.02 feet along the arc of a curve concave southwesterly and having a central angle of 3 1"13'58",a radius of 200.00 feet and a chord that bears south 74°23'01"east,107.68 feet; Thence south 58°46'02"east,502.59 feet; Thence southeasterly,205.14 feet along the arc of a curve concave southwesterly and having a central angle of 58°46'02",a radius of200.00 feet and a chord that bears south 29°23'01"east,196.26 feet; Thence south 00°00'00"east,811.92 feet to the south line of said Section 27; Thence n011h 90°00'00"west,1,413.18 feet along the south line of said Section 27 to the point of beginning containing 40.55 acres more or less. A permanent 100.00 foot wide storm sewer and surface flowage easement located in the southeast quarter of Section 28,Township 79 N011h,Range 26 West ofthe Fifth Principal Meridian,City of Waukee,Dallas County,Iowa,whose centerline is described as follows: Commencing at the southeast corner of said Section 28, Thence n011h 00°27'01'east,1,196.42 feet along the east line of said section 27 to the point of beginning of said centerline; -3 - Thence n011h 57°15'16"west,690.09 feet;thence north 89°58'52"west,406.00 feet;thence north 35°58'52"west,185.00 feet;thence north 05°36'48"east,329.00 feet;thence n011h 34°51 '17"east,349.00 feet; Thence n011h 12°01'08"east,318.37 feet more orless to the n011h line of the southeast quarter of said Section 28 and the point of termination of said centerline.The edges ofthe easement are to be extended or shortened to terminate at the east and n011h lines of the southeast quarter of said Section 28.The easement contains 5.23 acres more or less.This includes 0.09 acres more or less ofroad right-of-way.The bearing on the east side of Section 28 is assumed. Waukee Urban Renewal Area (2000) Walnut TWP,T79N,R26W The SW Y.and SE Y.Section 28. The S Y2 of SE Y.ofNE Y.of SE Y.,Section 33,consisting of 5 acres. The E 'h of the NW Y.of Section 33 of those City blocks that form the Downtown Business District including:Lots 13 through 18,Block 9,Waukee 1at Addition, Lots 21 through 26 and vacated street light-of-way north of Lot 26,Block 10, Waukee 1st Addition;Block 9,Waukee Original Town;Lots 11 through 22,Block 11,Waukee 1st Addition;Blocks 7 and 8,Waukee Original Town and parcels north of Blocks 7 and 8 and south of railroad light-of-way;Blocks 9,10,and 11, Waukee Original Town. W 'h of Lot 3,Candleridge Park,an official plat in the NE Y.or Section 33. The SE y"of Section 27. A parcel ofland in Section 27,more particularly described as follows: Beginning at the southwest comer of said Section 27;thence North 90°00'00" West,50.00 feet;thence N011h 00°27'01"East,1,402.56 feet;thence N011h 90°00'00"East,100.00 feet;thence South 00°27'01"West,130.00 feet;thence North 90°00'00"East,723.42 feet;thence Southeasterly 109.02 feet along the arc of a curve concave southwesterly and having a central angle of31 °13'58",a radius of 200.00 feet and a chord that bears South 74'23'01"East,107.68 feet;thence South 58°46'02"East,502.59 feet;thence Southeasterly 205.14 feet along the arc of a curve concave southwesterly and having a central angle of 58°46'02",a radius of 200.00 feet and a chord that bears South 29"23'01"East,196.26 feet;thence South 00°00'00"East,811.92 feet the south line of said Section 27;thence North 90°00'00"West,1,413.18 feet along the south line of said Section 27 to the point of beginning containing 40.55 acres,more or less. -4- A parcel ofland located in Section 27,being described as follows: Beginning at the South Y.comer of said Section 27;thence North 90°00'00"West, 1,224.51 feet;thence North 00°00'00"West,811.92 feet;thence northwesterly, 59.31 feet along the arc of a curve concave southwesterly and having a central angle of 16°59'32",a radius of 150.00 feet and a chord that bears North 08°29'46" West,59.10 feet;thence North 31°13'58"East,236.60 feet;thence southeasterly 70.92 feet along the arc of a curve concave northeasterly and having a central angle of 12°18'47",a radius of 330.00 feet and a chord that bears south 75°38'24" East,70.78 feet;thence North 00°00'00"West,1,581.10 feet,to a point on the north line of the Southwest Y.of said Section 27;thence South 89°59'30"East, 1,065.15 feet,along the north line of Southwest Y.of said Section 27,to center of said Section 27;thence South 00°30'12"West,2,636.17 feet along the west line of the Southwest Y.of said Section 27,to the point of beginning containing 68.00 acres,more or less. The E Yz of the NE Y.and E y.,of the SE Y.of Section 34. The W y.,of the NE Y.of Section 35 except those properties which are located outside the corporate City limits of Waukee.The W Y2 of the SW Y.of Section 35. The NW Y.of the Section 35. The SW Y.of SW Y.of Section 26. A parcel ofland located in Section 26,being described as follows: Beginning at a point on the east line of SW Y.of Section 26,with said point being one thousand thirty-four and five tenths (1,034.5)feet north of the south line of said Section 26;thence easterly three hundred (300.0)feet;thence southerly four hundred ninety-four and five tenths (494.5);thence southeasterly three hundred eighty-seven and thirty-three hundredths (387.33)feet more or less;thence southerly two hundred ninety-five (295.0)fee to a point on the south line of said Section 26 six hundred (600)feet to the southeast corner ofSW Y.of the SW Y.of said Section 26;thence northerly along the east line of SW Y.of the SW Y.of said Section 26 to the point of beginning. Boone TWP,T78N,R26W Those properties which are located within the corporate limits of City of Waukee more particularly described as follows: NE Y.of SE Y.of Section 7,and the E 15 Ac.ofNW Y.of SE Y.of Section 7. The NW Y.of the SW Y.of Section 8,N ofl-80 except Leonard's Subdivision,an official plat,and except the N 450 feet ofE 500 lying S of Leonard's Subdivision. -5 - The E Yz of SW Y.of Section 8,N ofI-80,and the SE Y.of the NW Y.of Section 8,except Lot 1,Sugar Creek Estates,an official plat,and Except ao irregular parcel of2.62 acres in the SE Y.ofNW Y.,and 3.029 acres ofNE Y.ofSW Y.of Section 8. The W Yz ofSE Y.of Section 8 N ofI-80,and the SW Y.of the NE Y.of Section 8, except Sugar Creek Estates,an official plat and Replat of Oakwood Estates,an official plat. The SE Y.of SE Y.of Section 8 N of 1-80 except irregular parcel lying north of Sugar Creek. The SW Y.of SW Y.of Section 9 N ofI-80. The E Y2 ofNW Y.,aod the E Yz ofSW Y.of Section 9,N ofI-80. The W Yz ofNE 114,aod the W Yz of SE Y.of Section 9,N ofI-80. The NE Y.ofNE Y.of Section 9. The W Yz ofNW Y.of Section 10 N ofI-80.The SE Y.ofNW Y.of Section 10 N ofI-80. The N 568 feet of the W 480 feet of the NE Y.ofNW y"of Section 10. The W Yz ofW1I2 of Section 3,W of centerline of Waco Place The E Yz ofE Yz of Section 4. The E Yz of the E Yz of the W Yz of the SE Y.of Section 4. The G.L.2,G.L.7 aod G.L.10 of Section 4. Street Right of Way The City of Waukee Urban Renewal Area includes the full right of way or half right of way of streets which form the boundary of the area.Streets within the Urbao Renewal Area include the following: N Yz of University Avenue between Waukee east corporate limits aod centerline of Waco Place.Full right of way of University Avenue between centerline of Waco Place and W right of way of Warrior Lane.Full right of way between W right of way of Warrior Laoe and E light of way of Ute Avenue (R-22). -6 - Full right of way width of Hickman Road (Highway 6)between east right of way line of Tenth Street and east corporate limits extending Nand S across Hickman Road and from that point S Y2 of right of way to easterly corporate limits. Full right of way width of Alice's Road between S right of way line of Hickman Road to N right of way line of University Avenue,and full right of way between N light of way line of Hickman Road to N line of SE Y.of SE Y.of Section 27, T79N,R26W;the W Y2 of right of way from N line of S Y.ofSE Y.of Section 27, T79N,R26W,to N line ofS Y.of said Section 27. Full right of way width of Warrior Lane between N line of SW Y.of Section 27, T79N,R26W,and N right of way line of University Avenue. Full right of way width of LA Grant Parkway between S right of way line of University Avenue and S line G.L.5 of Section 4,T78N,R26W. Full right-of-way width of Sixth Street (Ute Avenue)from N line of S Y2 of SW Y. of Section 28 T79N,R26W to the N right-of-way line ofI-80. The E Y2 right-of-way of Tenth Street from the N line of SW Y.of Section 28, T79N,R26W to N line of S 420 feet of NE Y.of SE Y.of Section 28,and full right of way of Tenth Street from the N line of S 420 feet of N Y.of SE Y.of Section 28 to the N right of way line of Hickman Road. The E Y2 right-of-way of U place between N line of SW Y.of SW Y.of Section 7 T78N,R26W to N line ofI-80. The W Y2 right-of-way ofWace Place from N line of Section 3,T78W,R26W,to S line of said Section 3. Addendum to Waukee Urban Renewal Area (2001) Walnut TWP,T79N,R26W Add the following: The S 879.53 feet of the W 1,671.75 feet of SW Y.of Section 34 including Centennial Park,a public park; The E 390.94 feet of the S 922.34 feet of the SE Y4 of the SW Y4 of Section 33. Windfield Commercial Plat 1,an official plat,except Lot 11 of said plat; That part of the Southeast Quarter of Section 36,Township 79 North,Range 26 West of the Fifth P.M.,Waukee,Dallas County,Iowa,more particularly described as follows: -7 - Commencing at the Southeast Comer of Section 36,Township 79 North,Range 26 West of the Fifth P.M.;thence N 89'59'46"W along the South line of the SE y" of said Section 36 for 262.60 feet;thence N 00'00'14"E for 60.00 feet to a point on the Northerly right-of-way line of University Avenue and being the point-of- beginning;thence N 00'22'23"E for 265.91 feet to a point on the Southerly line of Country Club Meadows,an official plat in Clive,Dallas County,Iowa;thence S 89°59'01"W along the Southerly line of said plat for 300.08 feet;thence S 00'23'23"W for 265.80 feet to a point on the Northerly right-of-way line of University Avenue;thence S 89'59'46"E along said right-of-way line for 300.16 feet to the point-of-beginning.This parcel contains 1.83 acres. BooneTVVP,T78N,R26VV Add the following: The S Yz of the S Yz of Section 7,and the SW )4 of the SW )4 of Section 8,and part of Section 18 all located N of 1-80 and within the Van Meter Community School District. Street Right-of-VVay Add the following: Full right-of-way width of Ashworth Drive except that portion of the right-of-way currently included in the Urban Renewal Area; Laurel Street between Ninth Street and Tenth Street;Maple Street between Seventh Street and Tenth Street;Walnut Street except that portion or the right-of- way currently included in the Urban Renewal Area;Locust Street between Ashworth Drive and Ninth Street;Cherry Street between Fifth Street and Eighth Street;School Street;Denlee Drive;Bell Aire Drive between Third Street and Warrior Lane;Waukee Avenue between First Street and Third Street;Christopher Avenue hetween First Street and Third Street;Corene Avenue between First Street and Third Street; Tenth Street between Maple Street and Hickman Road (Highway 6);Ninth Street between Locust Street and Ashworth Drive;Eighth Street between Cherry Street and Ashworth drive;Seventh Street;Fifth Street between Cherry Street and Locust Street; Fourth Street between south lot line of Lot 1,Estates Plat 1,on official plat and Ashworth Drive;Third Street between Northview Drive and Ashworth Drive; Kaylin Drive between Northview Drive and Ashworth Drive;Second Street between Corene Avenue and Ashworth Drive;First Street between Corene Avenue and Northview Drive, -8 - Delete the following: Full right-of-way width of Ute Avenue (R22)located within unincorporated area of Dallas County between 312th Place and the North line of the S Y,of NW y"of Section 8,T78N,R26W,of the 5th Principal Meridian;and a segment of Ute Avenue located within the unincorporated area of Dallas County between a point 339.6 feet south of the Northwest comer of the NE y"of the SW y"of Section 8, T79N,R26W of the 5th Principal Meridian and a point 397.8 feet North of the Northwest Comer of the NE y"ofthe SW y"of said Section 8. Addition to Waukee Urban Renewal Area (2002) Lots 29 and 30,Parkview Crossing Plat 2 Replat,City of Waukee,Dallas County, Iowa Amendment to the Waukee Urban Renewal Area (2003) Additions Charles Edward Shaffer ETAL SE y"of the NE y"of Section 9,Township 78 North,Range 26 West of the S'h P.M.,Dallas County,Iowa,(consisting of approximately 27 acres) And Govemment Lot 15 and E y"of the SW y"and the West 3/8th'of the SE y"in Section 4 in Township 78 North,Range 26 West of the 5th P.M.,Dallas County, Iowa,(consisting of approximately 140 acres) Stephen R Grubb Hawthorne Ridge Plat 1 Lot 1 (consisting of approximately 3.53 acres) Granquist Deletion Enterprise Business Park Plat 4 except Lots 12 and 13 (consisting of approximately 4.63 acres) R-22 Addition to the Waukee Urban Renewal Area (2003) A tract of land in paris of Sections 5,6,and 8,Township 78 North,Range 26 West of the 5th Principal Meridian,Dallas County,Iowa,currently existing by easement or right-of-way and referred to as County Road R-22 and Ute Avenue, -9 - with said tract of land being south of 300'h Street and North of Interstate 80,as previously described in Book 442,page 496 of Dallas County Recorder's Office. Addition to the Waukee Urban Renewal Area (2004) Added: The property which IS being added to the Urban Renewal Area IS legally described as: Certain real property situated in the City of Waukee,County of Dallas,State of Iowa,more particularly described as: Hickory Commercial,Plat 1 Section 33 Township 79 Range 26 Koethe Addition,Lot I Section 33 Township 79 Range 26 Parcel A E Yz ofNE y" Section 33 Township 79 Range 26 Candleridge Park Lot 3,Ex Parcel A Section 33 Township 79 Range 26 Park View Crossing,Lot 56 Lot 57 Section 4 Township 78 Range 26 Park View CTOSSing,Plat 4,Lot 1 Section 4 Township 78 Range 26 S420'N Yz SE LYG E ofRR -10 - Section 29 Township 79 Range 26 SE SE/EXRR &EX 100'x 153'/exceptNorthem Natural Gas Section 29 Township 79 Range 26 SWSE/EXRR Section 29 Township 79 Range 26 Deleted: Certain real property situated in the City of Waukee,County of Dallas,State of Iowa,particularly described as: Williams Pointe,Plat 5,Lot 2 Section 35 Township 79 Range 26 Outlots B,C,D,E,F of the SW Section 27 Township 79 Range 26 Amendment to Consolidate Urban Renewal Areas:Hickman West (original Waukee Urban Renewal Area),Enterprise Bnsiness Park,and Waukee Urban Renewal Areas (2004) A tract of land located in an irregular shaped parcel of land being a part of the East Half (E Y2)of the Southeast Quarter (SE Y4)of Section 34,Township 79 North,Range 26 West of the 5th P.M.as recorded in Book 840 on page 694 in the Dallas County Recorder's Office,Iowa. Said Tract being more particularly described as follows: Commencing as a point of reference at the Southeast Comer of said Section 34; thence North 00°21'43"East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),a distance of 528.57 feet along the east line of said E Y2of the SE Y4;thence North 89°38'17"West,a distance of 50.00 -11 - feet to the west right-of-way line of Alice's Road,said point of beginning;thence South 00°21'43"West,recorded as (S00004'00"E),a distance of 416.30 feet along said west right-of-way;thence South 45°14'20"West,a distance of 74.39 feet (recorded as S 45°12'21"W 74.35 feet),to the north right of way line of University Avenue;thence North 89'53'04"West (recorded as S89°41'53"W),a distance of 131.05 feet along said north right-of-way line to the north line of Union Pacific Railroad light-of-way;thence North 62°48'28"West (recorded as N 63'13'31"W),a distance of 43.17 feet along said railroad light-of-way;thence South 89°49'52"East,a distance of 61.31 feet to a point of curvature;thence northeasterly a distance of 36.65 feet along a curve concave to the northwest having a central angle of 70°00'00",a radius of 30.00 feet,a chord bearing of North 55°10'08"East and a chord distance of 34.41 feet;thence North 20°10'08" East,a distance of 96.62 feet;thence North 27°00'42"East,a distance of 83.93 feet;thence North 20'10'08"East,a distance of 92.37 feet to a point of curvature; thence northeasterly a distance of 180.80 feet along a curve concave to the northwest having a central angle of 19°48'25",a radius of 523.00 feet,a chord bearing or North 10°15'56"East,and a chord distance of 179.90 feet to the point of beginning.Containing 27,830 square feet,more or less. Addition to the Waukee Urban Renewal Area (2007) The right-of-way of V Avenue from 312th Place to Ashworth Road Lots Fourteen (14),Fifteen (15),and Sixteen (16)in Block Twelve (12)in the First Addition to the Town,now City ofWankee,in Dallas County,Iowa; AND That portion of the Southwest Quarter of Section 33 lying west of 6th Street in Waukee,all in Township 79 North,Range 26 West of the 5th P.M.,Dallas County,Iowa; AND Government Lot 3,Section 4,Township 78 North,Range 26 West of the Fifth Principal Meridian,City of Waukee,Dallas County,Iowa. Amendment No.1 to the Waukee Unified Urban Renewal Area The right-of-way of Cedar Street,Spruce Street and 8th Street,legally described as Lot A of Southview Estates,an Official Plat,City of Waukee,Dallas County, Iowa;and The light-of-way of SE Booth Avenue,legally described as Lot C of Park view Crossing,an Official Plat,City of Waukee,Dallas County,Iowa;and -12- The right-of-way of SE Primrose Lane,legally described as Lot E ofParkview Crossing,an Official Plat,City of Waukee,Dallas County,Iowa;and The light-of-way of SE Rosenkranz Drive,legally described as Lot D of Park view Crossing,an Official Plat,City of Waukee,Dallas County,Iowa;and The right-of-way of SE Florence Drive,legally described as Lot H ofParkview Crossing,an Official Plat,City of Waukee,Dallas County,Iowa;and The right-of-way of SE Prairie Park Lane,legally described as Lot A of Park view Crossing Plat 6,an Official Plat,City of Waukee,Dallas County,Iowa;and The right-of-way of SE Woodcreek Drive,legally described as Lot B of Park view Crossing Plat 6,an Official Plat,City of Waukee,Dallas County,Iowa;and The right-of-way of SE Parkview Crossing Drive,legally described as Lot C of Parkview Crossing Plat 6,an Official Plat,City of Waukee,Dallas County,Iowa; and The light-of-way of SE Pleasant View Drive,legally described as Lot A of Parkview Crossing Plat 7,an Official Plat,City of Waukee,Dallas County,Iowa; and The right-of-way of SE Pleasant View Drive,legally described as Lot C of Parkview Crossing Plat 3,an Official Plat,City of Waukee,Dallas County,Iowa; and The right-of-way of SE Prairie Creek Drive,legally described as Lot E of Parkview Crossing Plat 3,an Official Plat,City of Waukee,Dallas County,Iowa; and The light-of-way of SE Prairie Park Lane,legally described as Lot D of Park view Crossing Plat 2,an Official Plat,City of Waukee,Dallas County,Iowa;and The light-of-way of SE Florence Drive,legally described as Lot C of Park view Crossing Plat 2,an Official Plat,City of Waukee,Dallas County,Iowa;and The right-of-way of SE Prairie Creek Drive,legally described as Lot E of Parkview Crossing Plat 2,an Official Plat,City of Waukee,Dallas County,Iowa; and The light-of-way of SE Pleasant View Drive,legally described as Lot B of Parkview Crossing Plat 2,an Official Plat,City of Waukee,Dallas County,Iowa; and -13 - The North half of Hickman Road Right of Way from the east right of way line of N.io"Street to the SW Comer of the Southeast y"of Section 29,Township 79, Range 26 West of the 5th P.M.,City of Waukee,Dallas County,Iowa;and The right-of-way of SE LA Grant Parkway (V Avenue)from the southwest comer of Lot 31 of Replat ofParkview Crossing Plat 2,an Official Plat,City of Waukee, Dallas County,Iowa to the South right-of-way line of 312th Place (SE Westown Parkway,City of Waukee,Dallas,County,Iowa;and The NW y"ofthe NW y"of Section 5,Township 78 Range 26 West of the 5th P.M.,City of Waukee,Dallas County,Iowa. The Area includes the right of way of all streets forming the boundary of the Urban Renewal Area. Amendment No.2 to the Waukee Unified Urbau Renewal Area Lots 11,12 and 13 of Block 10 of the First Addition to the Town of Waukee,City of Waukee,Dallas County,Iowa and locally designated as 355 7ili Street All streets adj acent to the above property WHEREAS,a proposed Amendment No.3 to the Waukee Unified Urban Renewal Plan for the mea described below has been prepared,which proposed Amendment is and bas been on file in the office ofthe City Clerk and which is incorporated herein by reference,the purpose of which is to add and/or confirm urban renewal projects;and WHEREAS,this proposed Amendment No.3 to the Urban Renewal Area adds no new land;and WHEREAS,it is desirable that these areas be redeveloped as part of the overall redevelopment area covered by the proposed Amendment No.3 to the Waukee Unified Urban Renewal Plan known as the "Waukee Unified Urban Renewal Plan";and WHEREAS,by resolution adopted on October 22,2012,this Council directed that a consultation be held with the designated representatives of all affected taxing entities to discuss the proposed Amendment No.3 to the Waukee Unified Urban Renewal Plan and the division of revenue described therein,and that notice of the consultation and a copy of the proposed Amendment No.3 to the Waukee Unified Urban Renewal Plan be sent to all affected taxing entities;and WHEREAS,pursuant to such notice,the consultation was duly held as ordered by the City Council and all required responses to the recommendations made by the affected -14- taxing entities,if any,have been timely made as set forth in the report of the Interim City Manager filed herewith and incorporated herein by this reference,which report is in all respects approved;and WHEREAS,by resolution this Council also set a public hearing on the adoption of the proposed Amendment No.3 to the Waukee Unified Urban Renewal Plan for this meeting of the Council,and due and proper notice of the public hearing was given,as provided by law,by timely publication in the Dallas County News,which notice set forth the time and place for this hearing and the nature and purpose thereof;and WHEREAS,in accordance with the notice,all persons or organizations desiring to be heard on the proposed Amendment No.3 to the Waukee Unified Urban Renewal Plan, both for and against,have been given an opportunity to be heard with respect thereto and due consideration has been given to all comments and views expressed to this Council in connection therewith and the public hearing has been closed. NOW,THEREFORE,BE IT RESOLVED,BY THE CITY COUNCIL OF THE CITY OF WAUKEE,STATE OF IOWA: Section 1.That the findings and conclusions set forth or contained in Amendment No.3 concerning the area of the City of Waukee,State ofIowa,described in the preamble hereof,be and the same are hereby ratified and confirmed in all respects as the findings of this Council for this area. Section 2.This Council further finds: A.Although relocation is not expected,a feasible method exists for the relocation of any families who will be displaced from the Waukee Unified Urban Renewal Area into decent,safe and sanitary dwelling accommodations within their means and without undue hardship to such families; B.Acquisition by the City is not immediately expected,however,as to any areas of open land to be acquired by the City included within the Waukee Unified Urban Renewal Area: 1.Residential use is not expected,however,with reference to any portions thereof which are to be developed for residential uses,this City Council hereby determines that a shortage of housing of sound standards and design with decency,safety and sanitation exists within the City;that the acquisition of the area for residential uses is an integral part of and essential to the program of the municipality;and that one or more of the following conditions exist: -15 - A.That the need for housing accommodations has been or will be increased as a result of the clearance of slums in other areas, including other portions of the urban renewal area. B.That conditions of blight in the municipality and the shortage of decent,safe and sanitary housing cause or contribute to an increase in and spread of disease and crime,so as to constitute a menace to the public health,safety,morals,or welfare. C.That the provision of public improvements related to housing and residential development will encourage housing and residential development which is necessary to encourage the retention or relocation of industrial and commercial enterprises in this state and its municipalities. D.The acquisition of the area is necessary to provide for the construction of housing for low and moderate income families. 2.Non-residential use is expected and with reference to those portions thereof which are to be developed for non-residential uses,such non- residential uses are necessary and appropriate to facilitate the proper growth and development of the City in accordance with sound planning standards and local community objectives. Section 3.That the Waukee Unified Urban Renewal Area,as amended,continues to be a mixed economic development/blight area within the meaning ofIowa Code Chapter 403;that such area is eligible for designation as an urban renewal area and otherwise meets all requisites under the provisions of Chapter 403 of the Code of Iowa; and that the rehabilitation,conservation,redevelopment,development,or a combination thereof,of such area is necessary in the interest of the public health,safety or welfare of the residents of this City. Section 4.That Amendment No.3 to the Waukee Unified Urban Renewal Plan of the City of Waukee,State ofIowa,attached hereto as Exhibit 1 and incorporated herein by reference,be and the same is hereby approved and adopted as "Amendment No.3 to the Waukee Unified Urban Renewal Plan for the City of Wankee,State of Iowa"; Amendment No.3 to the Waukee Unified Urban Renewal Plan of the City of Waukee, State ofIowa,is hereby in all respects approved;and the City Clerk is hereby directed to file a certified copy of Amendment No.3 with the proceedings of this meeting. Section 5.That notwithstanding any prior plan,amendment,resolution or ordinance,the original Waukee Unified Urban Renewal Plan,and the Plan as amended, shall be in fun force and effect from the date of this Resolution until the Council amends or repeals the Plan.The proposed Amendment No.3 to the Waukee Unified Urban Renewal Plan shall be forthwith certified by the City Clerk,along with a copy of this Resolution,to the Recorder for Dallas County,Iowa,to be filed and recorded in the manner provided by law. Section 6.That all other provisions of the Plan not affected or otherwise revised by the terms of Amendment No.3,as well as all resolutions previously adopted by this City Council related to the Plan be and the same are hereby ratified,confirmed and approved in all respects. PASSED AND APPROVED this 19th day of November,2012. ATTEST: ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X X X X NAY ABSENT ABSTAIN -17 - EXHIBIT 1 AMENDMENT NO.3 TO WAUKEE UNIFIED URBAN RENEWAL PLAN CITY OF WAUKEE,IOWA Amendment No.1 to the Wankee Unified Urban Renewal Area (2011) Amendment No.2 to the Wankee Unified Urban Renewal Area (2011) Amendment No.3 to the Wankee Unified Urban Renewal Area (2012) AMENDMENT NO.3 TO THE WAUKEE UNIFIED URBAN RENEWAL PLAN FOR THE WAUKEE UNIFIED URBAN RENEWAL AREA CITY OF WAUKEE,IOWA INTRODUCTION AND BACKGROUND The Waukee Unified Urban Renewal Plan ("Plan"for the Waukee Unified Urban Renewal Area ("Area")is being further amended to add/or confirm proposed projects to be undertaken within the Urban Renewal Area by this Amendment No.3.("Amendment No.3"or "Amendment"). No land is being added to the Area by tins Amendment. Except as modified by this Amendment No.3,the provisions of the Plan,as previously amended, are hereby ratified,confirmed,and approved and shall remain in full force and effect as provided herein.III case of any conflict or uncertainty,the tenus of this Amendment No.3 shall govern over any conflict or inconsistency in prior plans or amendments. PROJECT AREA OBJECTIVES No changes are made by this Amendment. TYPES OF RENEWAL ACTIVITIES No changes are made by this Amendment. -19 - PREVIOUS URBAN RENEWAL PROJECTS For information purposes,the following Urban Renewal Projects were authorized prior to July 1,2012 and are continuing.Such Projects include: I.Public Improvements: Project Bond Reference Amount Remaining Waukee Public Works Building TIFRevenue $621,483.00 2010C 6"1 Street/Northview Street Improvements GO Urban $670,139.00 Renewal 2009 WRA Outfall Sewer Project GO Urban $2,213,357.00 Raccoon River Valley Trail Extension Renewal 2008 University Avenue Widening (Alice's to GO Urban $3,254,785.00 LA Grant Parkway)Renewal 2007 Clayton Property Purchase University A venue Widening (Waco to GO Urban $3,537,000.00 Alice's Road)Renewal 2006 University Avenue Widening (14t'u St.to GO Advance $2,525,515.00 Waco Place)Refimding 2012B 2001 Downtown Improvements Go Capital Loan $776,508.00 Waukee Public Library Refunding 2009 City Hall Purchase Hickman Road Street Lights Tornado Warning Siren 1999 Street and Sanitary Sewer Improvements Public Safety Building 2.Development Agreements: Project Potential Rebate Amount Remaining J.Blick Commercial Park,LLC $363,000.00 Eastpark Development LLC $153,716.00 Bailey Chapel $1,000.00 Shottenkirk LLC $205,300.00 Alice's LC $3,234,454.00 -20- PROPOSED URBAN RENEWAL PROJECTS Although certain proj ect activities may occur over a period of years,in addition to the proj ects previously proposed in the Waukee Unified Urban Renewal Plan,as previously amended,the Proposed Urban Renewal Projects under this Amendment include: 1.Public Improvements: Project Starting Date Not to exceed Rationale Alice's Road Sewer Project Phase 2012-2013 $3,750,000 Commercial Corridor Sewer I Infrastructure Library Parking Lot Repairs 2012-2013 $7,000.00 Rehabilitation of public building/site-see below for public building analysis City Hall Remodel/Repair 2012-2013 $150,000.00 Remodelingfrehabilitation of public building -see below for public building analysis Alice's Road Extension (Ashworth 2013-2014 $5,250,000 Commercial Corridor Roadway -University)Expansion Alice's Road -Stormwater 2013-2014 $3,250,000 Commercial Corridor Detention Improvements Stonnwater Management Improvements Alice's Road Intersection 2013-2014 $2,750,000 Commercial Corridor Roadway Improvements (University Expansion Avenue) Alice's Road Interchange 2013-2014 $6,800,000 Commercial Corridor Interchange Construction Alice's Road Paving -(Ashworth 2013-2014 $1,500,000 Connnercial Corridor Roadway to 1-80)Expansion 3'd Street Paving (Ashworth to 2014-2015 $370,000 Construction ofresidentia1 street Northview)-mban blight remediation Waukee Avenue Paving (I"to 3'd)2014-2015 $300,000 Construction of residential street -urban blight remediation Bel Aire Avenue Paving (Warrior 2014-2015 $425,000 Construction of residential street to 3'd)-urban blight remediation Alice's Road Expansion 2014-2015 $2,125,000 Commercial Corridor Roadway (University to Hickman)Expansion Total $27,770,000 -21 - 2.Development Agreements:The City,at the discretion of the City Council,expects to consider requests for Development Agreements for projects that are consistent with this Plan. Such Agreements are unknown at this time,and are dependent on opportunity and development climates,but based on past history the City has typically provided economic development projects with tax increment rebates.However,the City may consider a broad range of incentives as authorized by this Plan,including but not limited to loans,grants,tax rebates and other incentives,including provision of land..The costs of such Development Agreements will not exceed $8,000,000. 3.Planning,Engineering Fees and 3.Not to Exceed $1,000,000 Attorney Fees and other related costs to Support Urban Renewal Projects: Dues and contributions to econonuc development organizations that provide services,such as Waukee Economic Development Corporation and Greater Dallas County Development Alliance. 4.LMI fund expenditures for LMI 4.$450,000 qualified projects,up to $450,000. PUBLIC BUILDING ANALYSIS Alternative development and funding options for these projects are for the City to go through a process that would result in the issuance of general obligation bonds to fund each project.This option is less feasible than the use ofTIF funds because there would be no contribution of tax increment revenues from the school and County.Because the urban renewal projects listed below will benefit County residents and school patrons,the use of tax increment is the most appropriate funding mechanism because it is fair for the school district and the County to share in the costs for the projects.Each project,as demonstrated from the analysis for each below, demonstrates regional benefits to both the Connty and school district. The City Hall_Building houses the City Council Chambers and City Administration including Finance and Development Services and its many functions.The Building is also used for other meeting functions including the Greater Dallas County Economic Development Alliance and -22- legislative forums.The primary improvements proposed for the building includes reorganization and reconstruction of the front reception and meeting room spaces to make the building conducive and accessible for economic development activities.The current space lacks the necessary facilities to hold appropriate meetings with the development community interested in creating additional tax base within the community.The space will also enhance City staffs ability to work on economic development projects and activities.Additional economic development activity and tax base benefits the community as a whole,including the school district and the County.The reconstruction and rehabilitation of this building will improve a resource that provides regional and not just city-wide benefits.It is fair and rational that this building be supported by TIF due to its broad benefit to the entire community which extends beyond the City's boundaries, The Waukee Public Library Building services a wide area of citizens and students outside of the City's boundaries.31 %of the library's usage is from residents outside of the City's boundaries. The library provides for a number of after school pro grams which service the large student population that is located in close vicinity to the library.These programs are a direct benefit to the school district which supports the use ofTIF for this project.The improvements to this building/site will improve a resource that provides regional and not just city-wide benefits. Attractive and active libraries are a community amenity that assists in the attraction and retention of employees and families in the City and surrounding area.It is fair and rational that this building be supported by TIF due to its broad benefit to the entire community which extends beyond the City's boundaries. FINANCIAL DATA July I,2012 Constitutional debt limit:$53,232,899 Current general obligation debt:$25,400,273 A specific amount of debt to be incurred for the Proposed Urban Renewal Projects has not yet been determined.At no time will the City exceed its constitutional debt limit. The Projects authorized in this Amendment are only proposed projects at this time.The City Council will consider each Project proposal on a case-by-case basis to determine if it is consistent with the Plan and in the public's best interest to participate in the Project. These Projects will commence and be concluded over a number of years.It is further expected that such indebtedness,including interest on the same,will be financed in whole or in pari with tax increment revenues from the Urban Renewal Area.In no event will debt be incurred that would exceed the City's debt capacity.Subject to the foregoing,it is estimated that the cost of the Proposed Urban Renewal Projects as described above will be approximately as follows:$37,220,000 to 40,000,000. -23 - URBAN RENEWAL PLAN AMENDMENTS This Urban Renewal Area Plan may be amended from time to time for a number of reasons, including but not limited to,change in the area,to add or change urban renewal projects,to add or change land use controls and regulations,to modify goals or types of renewal activities,or to amend property acquisition and disposition provisions.The City Council may amend this Plan pursuant to appropriate procedures under Iowa Code Chapter 403. EFFECTIVE PERIOD This Urban Renewal Plan Amendment No.3 will become effective upon its adoption by the City Council and will remain in effect as a Plan Amendment until it is repealed by the City Council. REPEALER Any parts of the previous Plan,as previously amended,in conflict with tills Amendment are hereby repealed. SEVERABILITY In the event one or more provisions contained in the Urban Renewal Plan,as amended,shall be held for any reason to be invalid,illegal,unauthorized or unenforceable in any respect,such invalidity,illegality,unauthorization or enforceability shall not affect any other provision of tills Urban Renewal Plan,and this Urban Renewal Plan shall be construed and implemented as if such provisions had never been contained herein. -24-