HomeMy WebLinkAbout2017-06-05-Resolutions 17-254_Annexation - Waukee West Pre Annex AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-254
RESOLUTION APPROVING PREANNEXATION AGREEMENTS WITH
CERTAIN PROPERTY OWNERS RELATED TO THE WAUKEK WEST
ANNEXATION
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA
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:
Mark K.and Katherine A.Casey
Douglas A.and Patricia N.Dawson
Kristerin Management Corporation
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 between
Mark K.and Katherine A.Casey,Douglas A,and Patricia N.Dawson and Kirsterin
Management Corporation and the City of Waukee,Iowa,be approved.
Attest:
liam F Peard,Mayor
Rebecca D.Schuett
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYK
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X
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NAY ABSENT ABSTAIN
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Doc ID:007157250007 TVpe:ACR
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Dallas Countv Iowa
Chad C.Airhart RECORDER
Files
GK2027 F012634
PREANNEXATION AGREEMENT
Marie K.and Katherine A.Casey;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
—g Bill/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 PAGE 5,EXHIBIT A
Document or instrument Number of Previously Recorded Documents:
PREANNEXATION AGREEMENT
THIS PREANNEXATION AGREEMENT ("Agreement")is made and entered into by and
between Mark K.and Katherine A.Casey (the "Owner"),and the City of Waukee,Iowa (the "City").
WITNESSETH:
WFIEREAS,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-1 zoning classification which
allows the present uses of the Subject Property as well as open burmng if allowed under
applicable laws or other ordinances or regulations,as may change from time to time.
2.Dwellings and appurtenant 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-
rouforming 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 thc City to connect to muuicipal utilities until the Owner foimally 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.Subject Property will not be specially assessed in the manner provided in section 384.42-
384.79 Code of Iowa (2017)for any public improvements,including,but not limited to:
utility,sewer,water,gas,storm water facilities,streets,trails,street lights,sidewalks,fire
hydrants,that are completed witlun the 15 years following the execution of this agreement.
This provision of this agreement shall terminate and not apply in the event of sale or
redevelopment of the Subject Property.
5.Owner will bc entitled to tax tratrsitioning as authorized under the Code of Iowa to assist in
making the transition fiom Dallas County io 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%abatement
(j)Tenth year —15%abatement
WHEREAS,it is understood and agreed that the Owuer will file an Application for Voluntary
Annexation of the Subject Properly subject to the conditions set forth in this Prc-annexation
Agreemenh AII provisions sei 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 iinal 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 thc City and Owner.
2017.
qi-
IN WITNESS WHEREOF,this Agreement is made and executed this ~l day of April
Mark K.Casey
Katherine A.Casey
CITY OF WAUKEE,IOWA
By:
Will'.Pea d,Mayor
Attest:
Rebecca D.Schuett,City Clerk
$F
Onthis Zl dayof ,201 1,before me,the undersigned,a Notary Public in and
for the State of Iowa,personally appeared MARK K.CASEY AND KATHERINE A.CASEY to me
personally known to be the identical person(s)named in and who executed the foregoing instrument
and acknowledged that (he)(she)(they)executed the instrument as (his)(her)(their)voluntary act and
deed.
Notary Public in d for the State of Iowa
Mr i i p'Zot 6
SRADI.Y tyt DEETSrComosssisrrHumtror790tr33
rrty Commission Expires
Juty 7,301$
STATE OF IOWA )
)SS
COUNTY OF DALLAS )
On this ~day of 20 I 1,before me,the undersigned,aNotary
Public in and for said County and the 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,lowe,a municipal corporation,executing the within and
foregoing instmment arrd 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 794513
My Commission Esplree
February 10,2019 No ry Pub)rc in and for the State o Iowa
EXHIBIT A
Legal Description
COMMENCING AT THE SW CORNER OF SECTION 29,TOWNSHIP 79 NORTH,RANGE
26 WEST OF THE 5~i P.M.,DALLAS COUNTY,IOWA,THENCE NORTH 0'00'00"'EAST,
ALONG THE WEST LINE OF THE SW 9»OF SAID SECTION 29,1021.1 FEET,TO THE
POINT OF BEGINNING,THENCE NORTH 89»40'30"EAST,726.0 FEET,TO A POINT
THAT IS ON THE WEST LINE OF TII E SW '/»OF SAID SECTION 29,THENCE NORTH
0 00'00"EAST,ALONG THE WEST LINE OF TkIE SW Y»OF SAID SECTION 29,300.0
FEET TO THE POINT OF BEGINNING,SAID TRACT OF LAND BEING SUBJECT TO
AND TOGETHER WITH ANY AND ALL EASEMENTS OF RECORD.(PARCEL III 2-29-
300-003)
EXHIBIT Bl
Map Showing Proposed Annexation Area
Legend
,klark and Kalnerine ca".ey
'Pa.t cia
Iuwrlla
g Waukee Cite L n&ita +
f///l//Ilf/f/fff/luff//ffff///fff//f/fffff//f/ff//f/ffff//f///I//fin//I//f
Recorded:07/03/2017 at 09:08:01 ArsFeeAmt.$37.00 Page 1 of 7DallasCouotviowaChadC.Airhart RECORDERFiled
RK2Oi 7 P04 2633
PREANNEXATION AGREEMENT
Douolas A.Dawson and Patricia N.Dawson;City of Waukee,IAougcls
Recorder's Cover Sheet
Preparer Information (name,address and phone nunibcr):
Steven P.Brick
Brick Gentry Law
6701 Westown Pkwy.,Ste.100
West Des Moines,IA 50266
Phone:(515)274-1450
~~ill/Return Docummlt 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 PAGE 5,EXHIBI1 A
Document or Instrument Number of Previously Recorded Documents:
PRKANNEXATION AGRKKMXNT
THIS PREANNEXATION AGREEMENT ("Agreement")is made and entered into by and
between Douglas A.Dawson and Patricia N.Dawson (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-1 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 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.
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.Subject Property will not be specially assessed in the manner provided in section 384 42-
384.79 Code of Iowa (2017)for any public improvements,including,but not limited to:
utility,sewer,water,gas,storm water facilities,streets,trails,street lights,sidewalks,fire
hydrants,that are completed within the 15 years following the execution of this
agreement.This provision of this agreement shall terminate and not apply in the event of
sale or redevelopment of the Subject 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
(f)Sixth year —45%abatement
(g)Seventh year —30%abatement
(h)Eighth year —30%abatement
(i)Ninth year —15%abatement
(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 ~day of April
Douglas .Dawson
Patricia N.Dawson
CITY OF WAUKEE,IOW
tam F.P ard,Mayor
Attest
Rebecca D.Schuett,City Clerk
Onthis "ZI dayof ,20Lt,before me,the undersigned,a Notary Public in and
for the State of Iowa,personally appeared DOUGLAS A.DAWSON AND PATRICIA N.
DAWSON 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 an for the State of Iowa
My commission expires
BRADLY M DEETS
r Commissen Number 790927 I'gc'My Commission Expires
Juiy 7,7018
STATE OF IOWA )
)SS
COUNTY OF DALLAS )
On this ties day of ,20(/,before me,the undersigned,a Notary
Public in and for said County and the 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.
9 KATHRYN E.PURVIS
Commission Number 794513
My Commission Expires
February 10,2019
Not ry Pu ic in and for the State of Iowa
EXHIBIT A
Legal Description
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 29,TOWNSHIP 79
NORTH,RANGE 26 WEST OF THE 5 P.M.,DALLAS COUNTY,IOWA,THENCE
NORTH 0'00'00"EAST ALONG THE WEST LINE OF THE SOUTHWEST QUARTER (SW
'/4)OF SAID SECTION 29,1321.1 FEET,TO THE POINT OF BEGINNING,THENCE
NORTH 89'40.5'00"EAST 726.0 FEET,THENCE SOUTH 0'00'00"EAST,PARALLEL TO
AND 726.0 FEET EAST OF THE WEST LINE OF THE SW '/~OF SAID SECTION 29,300
FEET,THENCE SOUTH 89'40.5'00"WEST,726.0 FEET„TO THE WEST LINE OF THE SW
'/~OF SAID SECTION 29,THENCE NORTH 0'00'00"EAST,ALONG THE WESTLINE OF
THE SW '/~OF SAID SECTION 29,300.0 FEET,TO THE POINT OF BEGINNING,EXCEPT
THE WEST 40.0 FEET THEREOF,FOR STREET RIGHT OF WAY.SAID TRACT OF
LAND BEING SUBJECT TO AND TOGETHER WITH ANY AND ALL EASEMENTS OF
RECORD (PARCEL ¹12-29-300-002)
EXHIBIT B:
Map Showing Proposed Annexation Area
Legend~Douglas anu Patriae Dawson
Pa K els
Itlwll ~
tI wausee city Limits%Sew
//II/II///II/I///II///II////III///II/I/////II/I//I//I/I/III/I/II///II////II//II/
Recorded:07/03/20i7 at 09:07:25 Art
Fee Amt:$37.00 Page i of 7DallasCountvrouaChadC.Airhart RECORDERFilet
RR2027 F052632
PREANNEXATION AGREEMENT
i n Ci of Waukce,IAKristerinaManagementCorporation;ity
Recorder's Cover Sheet
name,address and phone number):Preparer Information (name,a re
Steven P.Brick
Brick Gentry Law
6701 Westowrt Pkwy.,Ste.100
West Des Moines,IA 50266
Phone:(515)274-1450
—~BIIVReturn ocRtrnDocument to (name an pdcorn lete address):
Rebecca D.Schuett
City of Waukee
230 W.Hickman Rd.
Waukee,IA 50263
Phone;(515)978-7904
SEE PAGE 6,EXHIBIT ALegalDescription:
nt Number of Previously Record ed Documents:Document or Instrument urn er
PRKANNKXATION AGRKKMKNT
THIS PREANNEXATION AGREEMENT ("Agreement")is made and entered into by
and between Kristerin Management Corporation (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 Irom
time to time.
2.Dwellings and appurtenant sbuctures currently in existence on the Subject Property at
the time of annexation,which may not conform to the current requhements 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
reconsnucted 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.Subject Property will not be specially assessed in the manner provided 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 3 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 all 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.
5.Upon development of the Subject Property,City will grant one full access to T
Avenue and one f'ull access to University Avenue.It is contemplated however,that at
some point in the future when necessitated by the expansion and further improvement
of University Avenue abutting the Subject Property,access to University Avenue may
be restricted to right-in/right-out access only at the City's sole discretion.
6.Owner will be entitled to tax transitioning as authorized under the Code of Iowa to
assist in making the transition Irom 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'/o abatement
(d)Fourth year —60'/a abatement
(e)Fifth year —45a/a abatement
(f)Sixth year —45a/a abatement
(g)Seventh year —30'/a abatement
(h)Eighth year —30'/a abatement
(i)Ninth year —15'/a abatement
(j)Tenth year —15'to 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.
IN WITNESS WHEREOF,this Agreement is made and executed this )PA day of
April 2017.
By:,'
-
'Ai'
,'sterin Man ement Corporation
CITY OF W UKEE,IOW
By:
illiam F.ear,Mayor
Attest:
Rebecca D.Schuett,City Clerk
STATE OF IOWA )
)SS
COUNTY OF iPW~)
On this f98 day of ,20~i,before me,the undersigned,a
Notary Public in apd for said County and the State of Iowa,personally appeared
btA..PNA „to me personally known,who being by me duly sworn,did say that that
person is of the corporation executing the foregoing instrument;that
(the seal xed to said mstrument is the seal of the corporation or no seal has been procured by
the corporation)and that the instrument was si ed (and sealed on behalf of the corporation by
authority of its Board of Directors;that j.acknowledged the execution of
the instrument to be the voluntary act and deed of the corporation,by it and by him voluntarily
executed.
REBECCA D.BCHUElT
r-Commission Number 71 6496
My Commission Expires
o'll s May 13,3017
Notary Public in and for the State of Iowa
STATE OF IOWA )
)SS
COUNTY OF DALLAS )
On this ~day of 20~,before me,the undersigned„a
Notary Public in and for said ounty and the 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.
Notary Pu ic in an for the State of Iowa
EXHIBIT A
Legal Description
Parcel "A"in the SE 1/4 SE 1/4 of Section 31,Township 79 North,Range 26 West of the 5th
P.M.,Dallas County,Iowa,as shown by the survey recorded in Book 2002,Page 14752,in the
Office of the Recorder of Dallas County,Iowa.(PARCEL ¹12-31-400-009)
EXHIBIT B:
Map Showing Proposed Annexation Area
Legend~Kristerin Management Corp
lares
ii Wautree City Limitsles
Parcels
risterin gement Co