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
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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
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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