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Home My WebLink About2017-06-05-Resolutions 17-258_Annexation - Interstate 80 Business ParkTHE CITY OF WAUKEE,IOWA RESOLUTION 17-258 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY— 1-80 BUSINESS PARK WHEREAS,the City of Waukee,State of Iowa,is a duly organized municipal corporation,and; WHEREAS,the City of Waukee,Iowa has received an Application for Voluntary Annexation from several property owners located south of Interstate 80,located in Dallas County,Iowa,and shown on the map identified as Exhibit "A"attached hereto and made a part hereof and legally described as follows: LEGAL DESCRIPTIONS See Exhibit "B"attached hereto and made a part hereof. WHEREAS,such property collectively adjoins the City as required by Chapter 368,Code of Iowa,2017,and; WHEREAS,all required notification has been carried out pursuant to Chapter 368,code of Iowa,2017,and; WHEREAS,a public hearing was held concerning said applications and the annexation on June 5,2017 as required by law. WHEREAS,it is in the best interests of the City and public that said property be annexed to the City of Waukee,at this time. BK IT THEREFORE RESOLVED,by the City Council of the City of Waukee as follows: SECTION 1.The Application for Voluntary Annexation is hereby approved and said property described in Exhibit "B"shall be annexed to the City of Waukee Iowa,in accordance with Chapter 368,code of Iowa,2017,and such property shall hereinafter become and be part of the City of Waukee,Iowa. SECTION 2.The Mayor and the City Clerk are hereby authorized and directed to prepare and execute all documents necessary for this annexation and are directed to file the same as required by the Code of Iowa. Passed and adopted by the City Council on the 5"day f June 2017. William F.Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X X NAY ABSENT ABSTAIN I&i Waukee Map Depicting Proposed Annexation %R ZI suIW~I Legend RIISII+ ~tNaukee City Limits 2016 EIRIIEI% Proposed Annexation Area APPLICATION FOR VOLI/NTARY ANNEXATION City ef Waukee,Iowa The undersigned property owner(s)hereby request that their property legally described in Exhibit A attached hereto and by this reference incorporated herein,as further depicted on the map attached hereto as exhibit B be annexed to the City of Waukee,Iowa and consent to the same. Vwe understand that Iowa law allows property owner(s)to withdraw our consent to the voluntary annexation of this property within three business days after the public hearing on this application in the manner set forth in Section 368.7 and I/we hereby waive my/our right to withdraw consent to the annexation of this property as provided in section 368.7(1)(e). Property Owner(s) gelo nelli Dana Lynne To lli Date WBr r 'Swed//Date /3I/JO~7 1,When annexation is complete,the Subject property will be brought into the City under tbe A-1 zoning classification in order to allow for all existing uses and permitted activities. The Property owner(s)also request a provision be adopted,by the City Council upon annexation, for a transition for the imposition of City taxes against the property (not to exceed 10 years).The property owner(s)understand that upon annexation the property will come into the City being zoned under City Ordinances as Agricultural and consents to the same.Such tax transitioning will cease at such time as the property is rezoned upon a petition of the Property Owner and/or redeveloped to something other than the existing use of the property as a single family residence. Such tax transitioning will be based upon the following schedule: (1)For the first and second years,seventy-five percent. (2)For the third and fourth years,sixty percent. (3)For the fifth and sixth years,forty-five percent. (4)For the seventh and eighth years,thirty percent. (5)For the ninth and tenth years,fifteen percent. Attachments:Exhibit A:Legal description of the property Exhibit B:Map showing location of the property within the proposed annexation EXHIBIT A —LEGAL DESCRIPTION A PORTION OF THE NORTH 209 FEET OF THE SOUTHWEST QUARTER (SW '/~)OF THE NORTHWEST QUARTER (NW i/)OF SECTION SEVENTEEN (17)IN TOWNSHIP SEVENTY-EIGHT (78)NORTH,RANGE TWENTY-SIX (26)WEST OF THE 5~P.M., DALLAS COUNTY,IOWA,DESCRIBED AS FOLLOWS:AN ACRE,MORE OR LESS STARTING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SW Y) OF THE NORTHWEST QUARTER (NW '/i)OF SAID SECTION SEVENTEEN (17), THENCE EAST 478 FEET,TO THE POINT OF BEGINNING,CONTINUING IN AN EASTERLY DIRECTION ALONG THE NORTH EDGE OF THE ABOVE MENTIONED TRACT 385 FEET,THENCE SOUTH 140 FEET,THENCE IN A WESTERLY DIRECTION PARALLEL TO THE NORTH SIDE,385 FEET,THENCE NORTH 140 FEET TO THE POINT OF BEGINNING. Parcel ¹16-17-100-008 EXHIBIT B:MAP SHOWING PROPOSED ANNEXATION AREA n t ana a Ldtgtyttd ~mtnnnnee Cny Unats 20tg Angelo and Dana Tonele APPLICATION FOR VOLUNTARY ANNEXATION City of Waukee,Iowa The undersigned property owner(s)hereby request that their property legally described in Exhibit A attached hereto and by this reference incorporated hereiu,as further depicted on the map attached hereto as exhibit B be annexed to the City of Waukee,Iowa and consent to the same. Vwe understand that Iowa law allows property owner(s)to withdraw our consent to the voluntary annexation of this property within three business days after the public hearing on this application in the manner set forth in Section 368.7 and I/we hereby waive my/our right to withdraw consent to the annexation of this p erty as provided in section 368.7(1)(e). Property Owner(s) pple Tree Properties LLC Date Apple Tree Properties LLC 1.When annexation is complete,the Subject property will be brought into the City under the A-1 zoning classification.All existing uses and activities will either be permitted under the A-1 zoning classification or will be grandfathered in as an existing non-conforming use. The Property owner(s)also request a provision be adopted,by the City Council upon annexation, for a transition for the imposition of City taxes against the property,until the use of the property changes or is redeveloped (not to exceed 10 years).The property owner(s)understand that upon annexation the property will come into the City being zoned under City Ordinances as Agricultural and consents to the same.Provided the use of the property does not change or the property is not redeveloped,but not to exceed 10 years,property owner(s)request the City Council adopt a provision as part of the approval of the annexation,providing an exemption from taxation of the following percentages of assessed valuation according to the following schedule: (1)For the first and second years,seventy-five percent. (2)For the third and fourth years,sixty percent. (3)For the fifth and sixth years,forty-five percent. (4)For the seventh and eighth years,thirty percent. (5)For the ninth and tenth years,fifteen percent. Attachments:Exhibit A:Legal description of the property Exhibit B:Map showing location of the property within the proposed annexation area EXHIBIT A —LEGAL DESCRIPTION BEGINNING AT THE SOUTHWET CORNER OF THE NORTHWET QUARTER (NW '/~)OF THE NORTHWEST QUARTER (NW '/4)OF SECTION SEVENTEEN (17),TOWNSHIP SEVENTY-EIGI.-IT (78)NORTH OF RANGE TWENTY-SIVE (26)WEST OF THE 5ra P.M., DALLAS COUNTY,IOWA,THENCE EAST 71 FEET TO THE TRUE POINT OF BEGINNING,THENCE NORTH 155 FEET,THENCE EAST 335 FEET,THENCE SOUTH 155 FEET,THENCE WEST 335 FEET TO THE TRUE POINT OF BEGINNING, CONSISTING OF APPROXIMATELY I ACRE MORE OR LESS,NOW KNOWN AS LOT I IN AUDITOR'S PLAT OF THE NORTHWEST QUARTER (NW '/4)OF THE NORTHWEST QUARTER (NW '/~)OF SECTION SEVENTEEN (17),TOWNSHIP SEVEN1 Y-EIGHT (78) NORTH OF RANGE TWENTY-SIX (26)WEST OF THE 5 P.M.,DALLAS COUNTY, IOWA; AND ALL THAT PART OF LOT 2 IN THE AUDITOR'S PLAT OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER (NW '/4,NW '/~)OF SECTION 17,TOWNSHIP 78 NORTH,RANGE 26 WEST OF TI-IE 5ra P.M.,DALLAS COUNTY,IOWA,DESCRIBED AS FOLLOWS:COMMENCING AT A POINT 60.6 FEET SOUTH OF THE NORTHWEST CORNER OF SECTION 17,TOWNSHIP 78 NORTH,RANGE 26 WET OF THE 5~P.M., DALLAS COUNTY,IOWA;THENCE S 0'00'00"685 FEET TO THE POINT OF BEGINNING;THENCE S89'12'00"EAST 382.7 FEET;THENCE S06'12'00"EAST 130 FEET;THENCE S01'44'00"EAST 227.28 FEET TO THE NORTHEAST CORNER OF LOT I;THENCE S83'27'00"WEST ALONG THE NORTH LINE OF LOT I A DISTANCE OF 335 FEET;THENCE S00 00'00"155 FEET;THENCE 83'27'00"WEST 71 FEET;THENCE 00'00'00"563 FEET TO THE POINT OF BEGINNING,CONTAINING 3.7 ACRES MORE OR LESS. ParcelII 16-17-100-002,16-17-100-003 EXHIBIT B:MAP SHOWING PROPOSED ANNEXATION AREA Legend yt f I Wsukee City Limits 20t6~Apple Tree Properties LLC APPLICATION FOR VOLUNTARY ANNEXATION City of Waukee,Iowa The undersigned property owner(s)hereby request that their property legally described in Exhibit A attached hereto and by this reference incorporated herein,as further depicted on the map attached hereto as exhibit B be annexed to the City of Waukee,Iowa and consent to the same. I/we understand that Iowa law allows property owner(s)to withdraw our consent to the voluntary annexation of this property within three business days after the public hearing on this application in the manner set forth in Section 368.7 and Vwe hereby waive my/our right to withdraw consent to the annexation tlu roperty as pr 'd in section 368.7(l)(e). Property Owner(s)Date 5 /c/I 7 Crescent Ridge Mini Storage LC Crescent Ridge Mini Storage LC Date 1.When annexation is complete,the Subject property will be brought into the City under the A-1 zoning classification.The City acknowledges that the current use of the property as a self storage facility is not a permitted use within the A-I Zoning District.City agrees as a condition of annexation of the Property to immediately initiate proceedings to rezone the Property from A-1 Agricultural District to M-I Light Industrial District in order to make the current use of the Property conforming.While it is required that the City initiate proceedings to rezone the property in accordance with this Agreement,both the City and Owner understand and agree that such proceedings will be undertaken in accordance with Iowa Code Chapter 414 and the Waukee Municipal Code and that the outcome of the proceedings is not a predetermined or otherwise guaranteed part of this Agreement. The Property owner(s)also request a provision be adopted,by the City Council upon annexation, for a transition for the imposition of City taxes against the property,until the use of the property changes or is redeveloped (not to exceed 10 years).The property owner(s)understand that upon annexation the property will come into the City being zoned under City Ordinances as Agricultural and consents to the same.Provided the use of the property does not change or the property is not redeveloped,but not to exceed 10 years,property owner(s)request the City Council adopt a provision as part of the approval of the annexation,providing an exemption from taxation of the following percentages of assessed valuation according to the following schedule: (1)For the first and second years,seventy-five percent. (2)For the third and fourth years,sixty percent. (3)For the fifth and sixth years,forty-five percent. (4)For the seventh and eighth years,thirty percent. (5)For the ninth and tenth years,fifteen percent. Attachments:Exhibit A:Legal description of the property Exhibit B:Map showing location of the property within the proposed annexation area EXHIBIT A —LEGAL DESCRIPTION TRACT B OF THE SURVEY OF LOT 2 OF THE AUDITOR'S PLAT OF NW I/4,NW 1/4, SECTION 17,TOWNSHIP 78 NORTH,RANGE 26,WEST OF THE 5ra P.M.,DALLAS COUNTY,IOWA,AS SHOWN IN BOOK 2000,PAGE 12483 IN THE OFFICE OF THE RECORDER OF DALLAS COUNTY,IOWA. Parcel ¹16-17-100-025 EXHIBIT B:MAP SHOWING PROPOSED ANNEXATION AREA s%q ~i.'-.~I@' Ltygend !Waukee City Limits 20t6~Crescent Ridge Mini Storage