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Home My WebLink About2016-10-03-Resolutions 16-419_Annexation - Shadow Creek Estates - CurrierTHE CITY OF WAUKEE,IOWA RESOLUTION 16-419 RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY 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 Shadow Creek Estates LLC and John D.and Brenda D.Currier of certain real estate under their ownership,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 patt hereof. WHEREAS,such property collectively adjoins the City as required by Chapter 368,Code of Iowa,2015,and; WHEREAS,all required notification has been carried out pursuant to Chapter 368,code of Iowa,2016,and; WHEREAS,a public hearing was held concerning said applications and the annexation on October 3,2016 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. BE 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,2016,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 3"day of October 2016. illi F.e d,Ma or Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN Map of Property to be Annexed into the City of Waukee Exhibit S Map of Annexation Area in Relation to City if')'vYaukee +s Legend ~QWaslceeary~mlu Parcels ~~srI LII~II CL VE rartasaMlswlf— Shadow C,k E tea %WRISMSI .:,11T Currier rasmsararmsarrH 1 APPLICATION FOR VOLUNTARY ANNEXATION City of Waukee,Iosva The undersigned property owner(s)hereby request that their propcity legally described in Exhibit A attached hereto and by this reference incorporated herein,as further depicted on the map attached hereto as Exhibit B bc anncxcd to the City of Waukee,Iowa and consent to the same. I/wc 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 Iorth in Section 368.7 and I/we hereby waive my/oiu right to withdraw consent to the annexation of this property as provided in section 368,7(1)(e). Property Owner(s)n «~t.'7 Byc 4«v aZ t(«ryec,B~~d«a.0'al«4««t fbi«/«s z««se««lrCgl(f. Shadow Creek Estates LLC r tv rit«««Sec. By: Shadow Creek Estates LLC Date 1.When annexation is complete,the Subject property will be brought into the City under thc A-I zoning classification in order to allow for all existing uses and permitted activities. The Property owner(s)also request a provision be adopted,by thc City Council upon annexation, for a trartsition for the imposition of City taxes against the property,until the property is rezoned (not to exceed 10 years).The property owner(s)understiuid that upon amtexation the property will come into the City being zoned under City Ordinances as Agricultural and consents to the same.Until the property is no longer zoned Agricultural,but not to exceed 10 years,property owner(s)request thc City Council adopt a provision as part of the approval ol'the annexation, providing an exemption fiom taxation of the following percentages of assessed valuation according to the following schedule: (I)For the first and second yeatu,seventy-five percent. (2)For the third and fourth years,sixty percent. (3)For the fifth and sixth years,forty-five percent. (4)I'or the seventh and eighth years,thirty percent. (5)For the ninth and tenth years,fifteen percent. Attachments:Exhibit A:Legal description of the property Exlubit B:Map showing location of the property within the proposed annexation area EXHIBIT A:LEGAL DESCRIPTION OF PROPERTY A PART OF THE SOUTH HALF OF THE SOUTHWEST QUARTER OF SECTION 22, TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE FIFTH PRINCIPAL MERIDIAN IN THE CITY OF CLIVE,DALLAS COUNTY,IOWA AS APPROVFD WITHIN THF PLAT OF SURVEY RECORDED ON FEBRUARY 11,2016 IN BOOK 2016,PAGE 1983,DALLAS COUNTY,IOWA AND MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 22;THENCE NORTH 89'32'02"EAST ALONG THE SOUTH LINE OF SAID SOUTHWEST QUARTER 619.55 FEET TO THE SOUTHEAST CORNER OF PARCEL 'BB'AS SHOWN IN THE PLAT OF SURVEY RECORDED IN BOOK 2013,PAGE 22091,DALLAS COUNTY,IOWA AND THE POINT OF BEGINNING;THENCE NORTH 30'55'55"EAST ALONG THE EASTERLY LINE OF SAID PARCI.L 'BB',A DISTANCE OF 213.36 FEET;THENCE NORTH 77'3 5'40"EAST ALONG SAID EASTERLY LINE 216.74 FEET;THENCE NORTH 42'28'06*'EAST ALONG SAID EASTFRLY LINE,387.17 FFET;THENCE NORTH 10'12'05"EAST ALONG SAID EASTERLY LINE 139.76 FEET;THENCE NORTH 39'31'21"EAST ALONG SAID EASTERLY LINE,219.48 FEET;THENCE NORTH 83'38'13"EAST ALONG SAID EASTERLY LINE,137.00 FEET;THENCE SOUTH 70 50'25"EAST,42.37 FEET;THENCE SOUTH 22'49'28"EAST,52.40 FEET;THENCE SOUTH 10'18'51"EAST,142.43 FEET;THENCE SOUTH 03'03'28"WEST,80.02 FEET; THENCE SOUTH 53'53'36"EAST,238.63 FEET;THENCE SOUTH 40'33'49"EAST, 151.09 FEET;THENCE SOUTH 27'06'29'*EAST,110.01 FEET;THENCE SOUTH 15'47'28" EAST,198.06 FEET TO THE SOUTH LINE OF SAID SOUTHWEST QUARTER;THENCE SOUTH 89'32'02"WEST ALONG SAID SOUTH LINE,1360.04 FEET TO THE POINT OF BEGINNING. SAID PARCEL CONTAINING 13.44 ACRES MORE OR LESS EXHIBIT B:MAP SHOWING PROPOSED ANNEXATION AREA Exhibit 8 Map of Annexation Area in Relation to City fgg 'vVaukee s Legend L--a ~Sea,—-g Waukee City Ulnits Part els e e Ileuelasl ~l~rl CLIYE aslles Shadottjr Creek E ~ILIWel I T I I Wmeaeuumtrel L , I I~ %fAUiKEE 4WDIe La 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. 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 Vwe hereby waive my/our right to withdraw consent to the annexation of this property its provided in section 368.7(1)(e). Property Owner(s)~'i "~Date 0 6 7P lQ hn D.Currier Jr. ( Brenda D.Currier D t ~i~ l.When annexation is complete,the Subject property will be brought into the City under the 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,until the property is rezoned (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.Until the property is no longer zoned Agricultural,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 OP PROPERTY THE WEST 658.75 FEET OF THE NORTH 661.25 FEET OF THE NORTHWEST QUARTER OF SECTION 27,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 "P.M.,DALLAS COUNTY,IOWA. LOCALLY KNOWN AS 3301 WARRIOR LANE,WAUKEE,IA 50263 (PARCEL NO. 1227100001) EXHIBIT B:MAP SHOWING PROPOSED ANNEXATION AREA