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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 X X X X NAY ABSENT ABSTAIN X IIIIII IIIIIIII IIIlllllllllllllllllllllllllllllallllllIIIIIIIIIIIII Doc ID:007157250007 TVpe:ACR Recorded;07/03/2017 at 09:08:39 Aff Fee Amt:337.00 Page 1 of 7 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