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HomeMy WebLinkAbout2017-06-05-Resolutions 17-257_Annexation - Interstate 80 Business Park Pre Annex AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 17-257 RESOLUTION APPROVING PREANNEXATION AGREEMENTS WITH CERTAIN PROPERTY OWNERS RELATED TO THE 1-80 BUSINESS PARK ANNEXATION IN THE NAME AND BY THE AUTHORITY OF THE CITY OF 8'A UKEE,108'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,the following property owners have submitted an Application for Voluntary Annexation with the understanding that the conditions set forth in individual Preannexation Agreements,hereto attached,are approved by the Waukee City Council: Angelo and Dana Lynne Tonelli Crescent Ridge Mini Storage LC NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa in session this 5 day of June 2017 that the Preannexation Agreements betweenIs Angelo and Dana Lynne Tonelli and Crescent Ridge Mini Storage LC and the Ci f Waukee,Iowa,be approved. Attest Rebecca D.Schuett ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X X NAY ABSENT ABSTAIN lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll Doc ID:007253590007 TYpe:AGR Recorded:07/24/20tt at 09:38:40 AM Fee Amt:$37.00 Page I of 7 Dallas County Iowa Chad C.Airhart RECORDER F I le fr-20i7 i4i6i PRKANNEXATION AGREE)VIENT Angelo and Dana Lynne Tonelli;City of Waukee,IA Recorder's Cover Sheet Preparer Information (name,address and phone number): Steven P.Brick Brick Gentry Law 6701 Westown Pkwy.,Ste.100 West Des Moines,IA 50266 Phone:(515)274-1450 —yBill/Return Document to (name and complete address): Rebecca D.Schuett City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Phone:(515)978-7904 Legal Description:See Exhibit A Document or Instrument Number of Previously Recorded Documents: PREANNEXATION AGREEMENT THIS PREANNEXATION AGREEMENT ("Agreement")is made and entered into by and between Angelo and Dana Lynne Tonelli (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.A map is attached depicting the land area and its relationship to the existing City limits for reference purposes as Exhibit "B".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.Subject Property will be brought into the City under the A-I zoning classification which allows the present uses of the Subject Property as well as open burning if allowed under applicable laws or other ordinances or regulations,as may change from time to time. 2.Dwellings and appurtenant snuctures currently in existence on the Subject Property at the time of annexation,which may not conform to the current requirements of the 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 or altered in a way which increases its non-conformity.Should such non- conforming structure be destroyed by any 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. 3.Upon the completion of the annexation of the Subject Property,Owner will not be required by the City to connect to municipal utilities until the Owner formally request service from the City.Upon any such connection to any such municipal utilities,the Owner shall be responsible for all costs associated with connecting to the municipal utilities including any connection fees established. 4.The City will undertake to plan for the availability of City water and sewer in the future and will rely on the ultimate inclusion of the Subject Property within the City in conjunction with such planning and enhancements and extensions of City Utilities.In addition,the City after completion of the annexation of the property will proceed to secure rights to provide water to the residence located on the Property.The City anticipates that water service will be billed at established Waukee rates,as may be changed from time to time,within 6 months following the annexation of the property to the City.Initially,water is anticipated to continue to be provided through the facilities currently serving the Property. 5.Owner will be entitled to tax transitioning as authorized under the Code of Iowa to assist in making the transition from Dallas County to the City of Waukee.The tax transitioning 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 (I)Sixth year —45%abatement (g)Seventh year —30%abatement (h)Eighth year —30%abatement (i)Ninth year —15%abatetnent (j)Tenth year —15%abatement 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 Subject Property and shall thereafter be binding on the City.In the event that the annexation of the Subject Property is not approved in a final unappealable decision,this agreement shall be null and void. This Agreement shall be binding on and shall inure to the benefit of all successors,assigns and grantees of the City and Owner. 2017. IN WITNESS WHEREOF,this Agreement is made and executed this ~l day of~ By: Ange Dana Lynne Tonelli CITY OF W KE,IO By: iam F.ar,May r Attest Rebecca D.Schuett,City Clerk st" On this ~l day of ,20~i before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared ANGELO TONELLI AND DANA LYNNE TONELLI to me personally known to be the identical person(s)named in and who executed the foregoing instrument and acknowledged that (he)(she)(they)executed the instrument as (his)(her)(their) voluntary act and deed. Notary Public in d for the State of Iowa My commission expires 7 20~~ BRADLY M DEETS Commission Number 790923 My Commission Expires July 7,2018 STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this ~day of 20~,before me,the undersigned,a Notary Public in and for said County and e State of Iowa,personally appeared William F.Peard and Rebecca D,Schuett,to me personally known,who being by me duly sworn,did say that they are the Mayor and City Clerk of the City of Waukee,Iowa,a municipal corporation,executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee,by it and by them voluntarily executed. KATHRYN E.PURVIS s Commission Number 794515 My Commlssksr Expires February 10,7019 Not ry Publ c in an for the te of Iowa EXHIBIT A Legal Description A PORTION OF THE NORTH 209 FEET OF THE SOUTHWEST QUARTER (SW N)OF THE NORTHWEST QUARTER (NW '/~)OF SECTION SEVENTEEN (17)IN TOWNSHIP SEVENTY-EIGHT (78)NORTH,RANGE TWENTY-SIX (26)WEST OF THE 5T"P.M., DALLAS COUNTY,IOWA,DESCRIBED AS FOLLOWS:AN ACRE,MORE OR LESS STARTING AT THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER (SW '/4) OF THE NORTHWEST QUARTER (NW N)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 II 16-17-100-008 EXHIBIT B: Map Showing Proposed Annexation Area 4- f aa Legend e a Wauaaa Cny umila 2018~Angelo and Dana Tonagi Ill|i|lllllllllllllllllllllllllllllllllllllllllllllllllllllllllllll|lllll| Fee Amt:$47.00 Page 1 of g Dallas CountY Iowa Chad C.Airhart RECORDER -2017 14160 PREANNEXATION AGREEMENT Crescent Ri&lge 1VIini Storage,LC;City of Waukee,IA Recorder's Cover Sheet Preparer Information (Diane,address and phone number): Steven P.Brick Brick Gentry Law 6701 Westown Pkwy.,Ste.100 West Des Moines,IA 50266 Phone:(515)274-1450 yBill/Return Document to (name and complete address): Rebecca D.Schuett City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Phone:(515)978-7904 Legal Description:See Exhibit A Document or Instrument Number of Previously Recorded Documents: PRKANNKXATION AGRKKMKNT THIS PREANNEXATION AGREEMENT ("Agreement")is made and entered into by and between Crescent Ridge Mini Storage LC (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.A map is attached depicting the land area and its relationship to the existing City limits for reference purposes as Exhibit "B".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.Subject Property will be brought into the City under the A-I (Agricultural District) zoning classification. 2.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-I 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. 3.Structures currently in existence on the Subject Property at the time of annexation,which may not conform to the current requirements of the 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 or altered in a way which increases its non-conformity.Should such non-conforming structure be destroyed by any 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. 4.Upon the completion of the annexation of the Subject Property,Owner will not be required by the City to connect to municipal utilities until the Owner formally request service from the City.Upon any such connection to any such municipal utilities,the Owner shall be responsible for all costs associated with connecting to the municipal utilities including any connection fees established. 5.The City will undertake to plan for the availability of City water and sewer in the future and will rely on the ultimate inclusion of the Subject Property within the City in conjunction with such planning and enhancements and extensions of City Utilities.In addition,the City after completion of the annexation of the property will proceed to secure rights to provide water to the residence located on the Property.The City anticipates that water service will be billed at established Waukee rates,as may be changed from time to time,within 6 months following the annexation of the property to the City.Initially,water is anticipated to continue to be provided through the facilities currently serving the Property. 6.Subject Property will not be specially assessed in the mannerprovided in section 384 42- 384.79 Code of Iowa (2017)for any utility,sewer,water,gas,storm water facilities, streets,trails,street lights,sidewalks,fire hydrants,that are completed within the 10 years following the execution of this agreement except for those connection fees discussed in Paragraphs 4 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 al I 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. 7.Owner will be entitled to tax transitioning as authorized under the Code of Iowa to assist in making the transition from Dallas County to the City of Waukee.The tax transitioning progresses as follows: (a)In the first year the Subject Property is taxed by City —75'/o abatement (b)Second year —75'/o abatement (c)Third year —60'/a abatement (d)Fourth year —60/o abatement (e)Fifth year —45'/o abatement (f)Sixth year —45'/o abatement (g)Seventh year —30'/o abatement (h)Eighth year —30'/o abatement (i)Ninth year —15"/o abatement (j)Tenth year —15'/o abatement 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 Subject Property and shall thereafter be binding on the City.In the event that the annexation of the Subject Property is not approved in a final unappealable decision,this agreement shall be null and void. This Agreement shall be binding on and shall inure to the benefit of all successors,assigns and grantees of the City and Owner. 2017 /1)cry' IN WITNESS WHEREOF,this Agreementis grade andexecuted this ~~day of~ C s nt Ridge Mint torage C C e cent Ridge ini Storage LC CITY OF WAUK E,I W By: am F.P d ayor Attest: Rebecca D.Schuett,City Clerk STATE OF IOWA ) )SS COUNTY OF ) On this ~l day of ,20J I,before me,the undersigned,a Notary Public in and for said County and the te of Iowa,personally appeared ,to me personally known,who being by me duly sworn,did say that that person is of the corporation executing the foregoing instnunent;that (the seal affixed to said instrument is the seal of the corporation or no seal has been pmcured by the corporation)and that the instrument was signed (and sealed)on behalf of the corporation by authority of its Board of Directors;that Do Erec.s acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by him voluntarily executed. Notary ublic in and for the State of Iowa e BFIADLY IN DEETEICommissionNumber7%823 My Commission Expires Jury 7,2018 STATE OF IOWA ) )SS COUNTY OF ) On this ~1 day of ,20~i before me,the undersigned,a Notary Public in and for said County and the tate of lowe,personally appeared ,to me personally known,who being by me duly sworn,did say that that person is of the corporation executing the foregoing insnument;that (the seal affixed to said instrument is the seal of the corporation or no seal has been procured by the corporation)and that the instrument was signed (and sealed)on behalf of the corporation by authority of its Board of Directors;that acknowledged the execution of the instrument to be the voluntary act and deed of the corporation,by it and by him voluntarily executed. Notary ublic in and for the State of Iowa BRADLY M DEETS4CommissionNumbertlr0923 My Commission Expires July 7,20i 8 STATE OF IOWA ) )SS COUNTY OF DALLAS ) On this IR day of ,20~,before me,the undersigned,a Notary Public in and for said County and State of Iowa,personally appeared William F.Peard and Rebecca D.Schuett,to me personally known,who being by me duly sworn,did say that they are the Mayor and City Clerk of the City of Waukee,Iowa,a municipal corporation,executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee,by it and by them voluntarily executed. KATHRYN E.PURVI8 SQS Commission Number 194513 My Commission Expires February 10,3019 ot Pu lic in and for the tate of Iowa EXHIBIT A Legal Description TRACT B OF THE SURVEY OF LOT 2 OF THE AUDITOR'S PLAT OF NW I/4,NW I/4, SECTION 17,TOWNSHIP 78 NORTH,RANGE 26,WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA,AS SHOWN IN BOOK 2000,PAGE 12483 IN THE OFFICE OF THE RECORDER OF DALLAS COUNTY,IOWA. Parcel //16-17-100-025 EXHIBIT B: Map Showing Proposed Annexation Area Ltsgend MLIVlaukeeCityLimits20t6~Crescent Ridge Mini Storage