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HomeMy WebLinkAbout2018-09-17-J01Y Gateway URA Amendment 5_Set PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: September 17, 2018 AGENDA ITEM: Consideration of approval of a resolution determining the necessity and setting dates of a consultation and a public hearing on a proposed Amendment No. 5 to the Gateway Economic Development Urban Renewal Plan in the City of Waukee, State of Iowa FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Staff has proposed the addition of certain property to the Gateway Economic Development Urban Renewal Plan. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Pending the approval of the public hearing date, staff will hold a consultation meeting with the County and the affected school district(s) involved in the Plan area to review the proposal. That meeting is tentatively scheduled for Tuesday, September 25, 2018 RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution PREPARED BY: Brad Deets REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: J1Y RESOLUTION NO. ___________ RESOLUTION SETTING DATES OF A CONSULTATION AND A PUBLIC HEARING ON A PROPOSED AMENDMENT NO. 5 TO THE GATEWAY ECONOMIC DEVELOPMENT URBAN RENEWAL PLAN IN THE CITY OF WAUKEE, STATE OF IOWA WHEREAS, by Resolution No. 13-257, adopted October 21, 2013, this Council found and determined that certain areas located within the City are eligible and should be designated as an urban renewal area under Iowa law, and approved and adopted the Gateway Economic Development Urban Renewal Plan (the "Plan" or "Urban Renewal Plan") for the Gateway Economic Development Urban Renewal Area (the "Area" or "Urban Renewal Area") described therein, which Plan is on file in the office of the Recorder of Dallas County; and WHEREAS, by Resolution No. 14-320, adopted November 17, 2014, this City Council approved and adopted an Amendment No. 1 to the Plan; and WHEREAS, by Resolution No. 15-350, adopted October 19, 2015, this City Council approved and adopted an Amendment No. 2 to the Plan; and WHEREAS, by Resolution No. 16-490, adopted November 21, 2016, this City Council approved and adopted an Amendment No. 3 to the Plan; and WHEREAS, by Resolution No. 17-485, adopted October 16, 2017, this City Council approved and adopted an Amendment No. 4 to the Plan; and WHEREAS, this Urban Renewal Area currently includes and consists of: ORIGINAL AREA The Southwest ¼ of the Southwest ¼ of Section 26, Township 79 North, Range 26 West of the 5th P.M. and adjacent Alice’s Road Right of Way and adjacent Hickman Road (U.S. Highway 6) Right of Way (Parcel # 12-26-300-005 and #12-26-300- 004), and A parcel of land within the Southeast ¼ of the Southwest ¼ of Section 26, Township 79 North, Range 26 West of the 5th P.M. beginning at the Southwest corner and extending 600 feet to the East, then 295 feet North, then diagonally Northwest to a point 300 feet West and 245 feet North, then 494.5 feet North, then 300 feet west, then 1034.5 feet South to a starting point at the Southwest corner and adjacent Hickman Road (U.S. Highway 6) Right of Way (Parcel # 12-26-300-007), and The East ½ of the Northeast ¼ of Section 34, Township 79 North, Range 26 West of the 5th P.M. and adjacent Alice’s Road Right of Way and adjacent Hickman Road (U.S. Highway 6) Right of Way (Parcel # 12-34-200-006 and Parcel # 12-34-200- 005), and The Alice’s Road Right of Way extending from the north Right of Way line of Hickman Road (U.S. Highway 6) to the south Right of Way line of University Avenue, and The West 467 feet of the East 1,012 feet of the South 407 feet of the Southeast ¼ of the Southwest ¼ of Section 35, Township 79 North, Range 26 West of the 5th P.M. and the adjacent University Avenue Right of Way (Parcel # 12-35-300-005), and Government Lot 3 of Section 4, Township 78 North, Range 26 West of the 5th P.M., and adjacent SE University Avenue Right of Way (Parcel # 16-04-100-006); and Government Lot 2 of Section 4, Township 78 North, Range 26 West of the 5th P.M., lying south of railroad right of way and adjacent SE University Avenue Right of Way (Parcel # 16-04-200-001), and Government Lot 1 of Section 4, Township 78 North, Range 26 West of the 5th P.M. lying south of railroad right of way (Parcel # 16-04-200-007), and Government Lot 7, Except Parcel “A”; and Government Lot 10, Except Parcel “B” thereof, all in Section 4, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-04-200-011 and Parcel # 16-04-200-013 and Parcel # 16-04-200-002), and Outlot X of Grant Park 2, an Official Plat, City of Waukee, Iowa (Parcel # 16-04- 200-014), and Government Lot 8 of Section 4, Township 78 North, Range 26 West of the 5th P.M., (Parcel # 16-04-200-008), and Government Lot 9 of Section 4, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-04-200-009), and Government Lot 16 of Section 4, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-04-200-010), and Government Lot 5 of Section 3, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-03-100-034) and adjacent west half of the SE Waco Place Right of Way, and Government Lot 12 of Section 3, Township 78 North, Range 26 West of the 5th P.M. and the adjacent west half of the SE Waco Place Right of Way (Parcel # 16- 03-100-006) and, Government Lot 15 of Section 4, Township 78 North, Range 26 West of the 5th P.M., (Parcel # 16-04-200-005), and The West 3/8ths of the Southeast Quarter of Section 4, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way (Parcel # 16-04-401-001), and The East ¼ of the Southwest ¼ of Section 4, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way (Parcel # 16-04- 300-004), and The Northeast ¼ of the Southeast ¼ and the East 10 acres of the Northwest ¼ of the Southeast ¼ of Section 4, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-04-426-001), and The Northwest ¼ of the Southwest ¼ of Section 3, Township 78 North, Range 26 West of the 5th P.M. and the adjacent west half of the SE Waco Place Right of Way except Parcel A as defined within the Plat of Survey recorded in Bk 2009 Pg 18393 (Parcel # 16-03-300-015 and Parcel # 16-03-300-014), and All of Dolmage Estates Plat 1, an Official Plat, City of Waukee, Iowa and adjacent SE Ashworth Road Right of Way (Parcel # 16-04-478-011 and Parcel # 16-04-478- 010 and Parcel # 16-04-478-009 and Parcel # 16-04-478-008 and Parcel # 16-04- 478-007 and Parcel # 16-04-477-009 and Parcel # 16-04-477-008 and Parcel # 16- 04-477-007 and Parcel # 16-04-477-006 and Parcel # 16-04-477-005 and Parcel # 16-04-451-005 and Parcel # 16-04-451-006 and Parcel # 16-04-451-007), and All of Dolmage Estates Plat 2, an Official Plat, City of Waukee, Iowa (Parcel # 16- 04-477-001 and Parcel # 16-04-477-002 and Parcel # 16-04-477-003 and Parcel # 16-04-477-001 and Parcel # 16-04-451-001 and Parcel # 16-04-451-002 and Parcel # 16-04-451-003 and Parcel # 16-04-451-004 and Parcel # 16-04-476-002 and Parcel # 16-04-476-003 and Parcel # 16-04-476-004 and Parcel # 16-04-476-005 and Parcel # 16-04-476-006 and Parcel # 16-04-478-001 and Parcel # 16-04-478- 002 and Parcel # 16-04-478-003 and Parcel #16-04-478-004), and The East 10 acres of the Southwest ¼ of the Southeast ¼ and the Southeast ¼ of the Southeast ¼ of Section 4, Township 78 North, Range 26 West of the 5th P.M., except Dolmage Estates Plat 1, an Official Plat, City of Waukee, Iowa and except Dolmage Estates Plat 2, an Official Plat, City of Waukee, Iowa (Parcel # 16-04- 478-006 and Parcel # 16-04-476-001), and The Southwest ¼ of the Southwest ¼ of Section 3, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way and the adjacent SE Waco Place Right of Way (Parcel # 16-03-300-004 and Parcel # 16- 03-300-005 and Parcel # 16-03-300-006 and Parcel # 16-03-300-007 and Parcel # 16-03-300-008 and Parcel # 16-03-300-009), and The Northeast ¼ of the Northwest ¼ of Section 9, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way (Parcel # 16-09-100-007), and The Northwest ¼ of the Northeast ¼ and the North 5 acres of the Southwest ¼ of the Northeast ¼ all within Section 9, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way and the adjacent SE Vermillion Court Right of Way (Parcel # 16-09-200-001), and The Northeast ¼ of the Northeast ¼ of Section 9, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way and the adjacent SE Vermillion Court Right of Way (Parcel # 16-09-200-002), and The Northwest ¼ of the Northwest ¼ of Section 10, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way (Parcel # 16-10-100-001), and The Southeast ¼ of the Northeast ¼ of Section 9, Township 78 North, Range 26 West of the 5th P.M., except the 11 acres for Interstate 80 and the adjacent SE Vermillion Court Right of Way (Parcel # 16-09-200-004), and The South ½ of the Northwest ¼ of Section 10, Township 78 North, Range 26 West of the 5th P.M., located north of Interstate 80 (Parcel # 16-10-100-007), and The Northwest ¼ of the Southeast ¼ of Section of Section 9, Township 78 North, Range 26 West of the 5th P.M. located north of Interstate 80 (Parcel # 16-09-400- 001), and The South 35 acres of the Southwest ¼ of the Northeast ¼ and the Southeast ¼ of the Northwest ¼ and the Northeast ¼ of the Southwest ¼ all within Section 9, Township 78 North, Range 26 West of the 5th P.M., EXCEPT the area lying 15.00 feet in width on each side of the following described line or line extended: Commencing as a point of reference at the West ¼ corner of said Section 9; thence South 00°39’25” West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), a distance 892.50 feet along the West line of NW ¼ SW ¼ of said Section 9; thence South 89°20’35” East, a distance of 1,308.61 feet to a point on the West line of said NE ¼ SW ¼, said point being the point of beginning; thence North 36°09’50” East, a distance of 262.58 feet; thence North 69°25’13” East, a distance of 435.00 feet; thence North 34°26’08” West, a distance of 165.00 feet; thence North 05°00’03” East, a distance of 210.00 feet; thence North 46°19’55” East, a distance of 170.00 feet; thence North 36°39’43” East, a distance of 252.00 feet; thence North 31°32’07” East, a distance of 392.00 feet; thence South 89°27’15” East, a distance of 360.00 feet; thence North 77°24’35” East, a distance of 125.87 feet to the West line of an Acquisition Plat Exhibit “A” recorded in Annexation Book 14 Page 268 in said Dallas County Recorder’s Office. (Parcel # 16-09-200-003 and Parcel # 16-09-100-013 and Parcel # 16-09-300-005), and Government Lot 4 of Section 3, Township 78 North, Range 26 West of the 5th P.M. located west of the centerline of SE Waco Place Right of Way and the adjacent SE University Avenue Right of Way (Parcel # 16-03-100-001 and Parcel # 16-03-501- 003 and Parcel # 16-03-100-013 and Parcel # 16-03-100-002 and Parcel # 16-03- 100-012) AMENDMENT NO. 1 AREA Added no new land. AMENDMENT NO. 2 AREA Lots 1 through 5 and Outlot Z of Williams Pointe Plat 15, an Official Plat, City of Waukee, Iowa (Parcel # 12-35-354-005, 12-35-354-006, 12-35-354-002, 12-35- 354-003, 12-35-354-004 and 12-35-354-001); and Parcel AA of Lot 2 of Williams Point Plat 7, an Official Plat, City of Waukee, Iowa (Parcel # 12-35-302-005); and Lots 1 through 3 of Autumn Ridge Plat 1, an Official Plat, City of Waukee, Iowa and the adjacent SE Olson Drive right of way (Parcel # 12-35-305-002, 12-35- 306-001 and 12-35-306-002) AMENDMENT NO. 3 AREA Outlot B of The Point Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel # 1227378006) and the adjoining Hickman Road (Highway 6) Right of Way from Alice’s Road to the west property line of said Outlot B, and the adjoining NE Westgate Drive Right of Way. AMENDMENT NO. 4 AREA Lots 1 -4 of Waukee Central, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel # 1234126001, 1234126002, 1234126003, 1234126004) WHEREAS, City staff has caused there to be prepared a form of Amendment No. 5 to the Plan ("Amendment No. 5" or "Amendment"), a copy of which has been placed on file for public inspection in the office of the City Clerk and which is incorporated herein by reference, the purpose of which is to add additional land to the Area and to add and/or confirm the list of proposed projects to be undertaken within the Area; and WHEREAS, it is desirable that the area be redeveloped as part of the overall redevelopment covered by the Plan, as amended; and WHEREAS, this proposed Amendment No. 5 adds land, as follows: Lots 1 and 2 of Stone Prairie Plat 4, an Official Plat, City of Waukee, Dallas County, Iowa and the adjoining SE Westown Parkway Right of Way and the adjoining SE LA Grant Parkway Right of Way (Parcel #1605286001, 1605286002); and, A tract of land in Government Lot 9, in the Northeast Fractional Quarter (NE frl ¼) of Section 5, Township 78 North, Range 26 West of the 5th P.M., Dallas County, Iowa, more particularly described as follows: Beginning at the Southeast corner of Government Lot 9 in the NE Fractional Quarter (NE frl ¼) of Section 5, Township 78 North, Range 26 West of the 5th P.M., Waukee, Dallas County, Iowa; thence along the South line of said Government Lot 9, thence South 83⁰01’22” West, 438.28 feet; thence North 03⁰58’45” West 453.20 feet; thence North 85⁰00’47” East, 468.25 feet to the East line of said Government Lot 9; thence South 00⁰00’00”, 439.57 feet to the point of beginning and the adjoining SE LA Grant Parkway Right of Way and the adjoining SE Westown Parkway Right of Way (Parcel # 1605200013); and, SE Westown Parkway Right of Way from SE LA Grant Parkway to Grand Prairie Parkway. WHEREAS, the Iowa statutes require the City Council to notify all affected taxing entities of the consideration being given to the proposed Amendment No. 5 and to hold a consultation with such taxing entities with respect thereto, and further provides that the designated representative of each affected taxing entity may attend the consultation and make written recommendations for modifications to the proposed division of revenue included as a part thereof, to which the City shall submit written responses as provided in Section 403.5, as amended; and WHEREAS, the Iowa statutes further require the City Council to hold a public hearing on the proposed Amendment No. 5 subsequent to notice thereof by publication in a newspaper having general circulation within the City, which notice shall describe the time, date, place and purpose of the hearing, shall generally identify the urban renewal area covered by the Amendment and shall outline the general scope of the urban renewal project under consideration, with a copy of the notice also being mailed to each affected taxing entity. NOW THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF WAUKEE, STATE OF IOWA: Section 1.That the consultation on the proposed Amendment No. 5 required by Section 403.5(2) of the Code of Iowa, as amended, shall be held on September 24, 2018, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, at 2:00 P.M., and the Development Services Director, or his delegate, is hereby appointed to serve as the designated representative of the City for purposes of conducting the consultation, receiving any recommendations that may be made with respect thereto and responding to the same in accordance with Section 403.5(2). Section 2.That the City Clerk is authorized and directed to cause a notice of such consultation to be sent by regular mail to all affected taxing entities, as defined in Section 403.17(1), along with a copy of this Resolution and the proposed Amendment No. 5, the notice to be in substantially the following form: NOTICE OF A CONSULTATION TO BE HELD BETWEEN THE CITY OF WAUKEE, STATE OF IOWA AND ALL AFFECTED TAXING ENTITIES CONCERNING THE PROPOSED AMENDMENT NO. 5 TO THE GATEWAY ECONOMIC DEVELOPMENT URBAN RENEWAL PLAN FOR THE CITY OF WAUKEE, STATE OF IOWA The City of Waukee, State of Iowa will hold a consultation with all affected taxing entities, as defined in Section 403.17(1) of the Code of Iowa, as amended, commencing at 2:00 P.M. on September 24, 2018, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa concerning a proposed Amendment No. 5 to the Gateway Economic Development Urban Renewal Plan, a copy of which is attached hereto. Each affected taxing entity may appoint a representative to attend the consultation. The consultation may include a discussion of the estimated growth in valuation of taxable property included in the Urban Renewal Area, the fiscal impact of the division of revenue on the affected taxing entities, the estimated impact on the provision of services by each of the affected taxing entities in the Urban Renewal Area, and the duration of any bond issuance included in the Amendment. The designated representative of any affected taxing entity may make written recommendations for modifications to the proposed division of revenue no later than seven days following the date of the consultation. The Development Services Director, or his delegate, as the designated representative of the City of Waukee, State of Iowa, shall submit a written response to the affected taxing entity, no later than seven days prior to the public hearing on the proposed Amendment No. 5 to the Gateway Economic Development Urban Renewal Plan, addressing any recommendations made by that entity for modification to the proposed division of revenue. This notice is given by order of the City Council of the City of Waukee, State of Iowa, as provided by Section 403.5 of the Code of Iowa, as amended. Dated this 17th day of September, 2018. Rebecca D. Schuett City Clerk, City of Waukee, State of Iowa (End of Notice) Section 3.That a public hearing shall be held on the proposed Amendment No. 5 before the City Council at its meeting which commences at 5:30 P.M. on October 15, 2018, in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa. Section 4.That the City Clerk is authorized and directed to publish notice of this public hearing in the Dallas County News, once on a date not less than four (4) nor more than twenty (20) days before the date of the public hearing, and to mail a copy of the notice by ordinary mail to each affected taxing entity, such notice in each case to be in substantially the following form: (One publication required) NOTICE OF PUBLIC HEARING TO CONSIDER APPROVAL OF A PROPOSED AMENDMENT NO. 5 TO THE GATEWAY ECONOMIC DEVELOPMENT URBAN RENEWAL PLAN FOR AN URBAN RENEWAL AREA IN THE CITY OF WAUKEE, STATE OF IOWA The City Council of the City of Waukee, State of Iowa, will hold a public hearing before itself at its meeting which commences at 5:30 P.M. on October 15, 2018 in the Council Chambers, City Hall, 230 West Hickman Road, Waukee, Iowa, to consider adoption of a proposed Amendment No. 5 to the Gateway Economic Development Urban Renewal Plan (the "Amendment") concerning an Urban Renewal Area in the City of Waukee, State of Iowa, which Amendment adds the following property to the Urban Renewal Area: Lots 1 and 2 of Stone Prairie Plat 4, an Official Plat, City of Waukee, Dallas County, Iowa and the adjoining SE Westown Parkway Right of Way and the adjoining SE LA Grant Parkway Right of Way (Parcel #1605286001, 1605286002); and, A tract of land in Government Lot 9, in the Northeast Fractional Quarter (NE frl ¼) of Section 5, Township 78 North, Range 26 West of the 5th P.M., Dallas County, Iowa, more particularly described as follows: Beginning at the Southeast corner of Government Lot 9 in the NE Fractional Quarter (NE frl ¼) of Section 5, Township 78 North, Range 26 West of the 5th P.M., Waukee, Dallas County, Iowa; thence along the South line of said Government Lot 9, thence South 83⁰01’22” West, 438.28 feet; thence North 03⁰58’45” West 453.20 feet; thence North 85⁰00’47” East, 468.25 feet to the East line of said Government Lot 9; thence South 00⁰00’00”, 439.57 feet to the point of beginning and the adjoining SE LA Grant Parkway Right of Way and the adjoining SE Westown Parkway Right of Way (Parcel # 1605200013); and, SE Westown Parkway Right of Way from SE LA Grant Parkway to Grand Prairie Parkway. A copy of the Amendment is on file for public inspection in the office of the City Clerk, City Hall, City of Waukee, Iowa. The City of Waukee, State of Iowa is the local public agency which, if such Amendment is approved, shall undertake the urban renewal activities described in such Amendment. The general scope of the urban renewal activities under consideration in the Amendment is to promote the growth and retention of qualified industries and businesses in the Urban Renewal Area through various public purpose and special financing activities outlined in the Amendment. To accomplish the objectives of the Amendment, and to encourage the further economic development of the Urban Renewal Area, the Amendment provides that such special financing activities may include, but not be limited to, the making of loans or grants of public funds to private entities under Chapter 15A of the Code of Iowa. The City also may reimburse or directly undertake the installation, construction and reconstruction of substantial public improvements, including, but not limited to, street, water, sanitary sewer, storm sewer or other public improvements. The Amendment provides that the City may issue bonds or use available funds for purposes allowed by the Plan, as amended, and that tax increment reimbursement of the costs of urban renewal projects may be sought if and to the extent incurred by the City. The Amendment initially adds no specific public infrastructure or site improvements to be undertaken by the City, and provides that the Amendment may be amended from time to time. The proposed Amendment No. 5 would add additional land to the Area and to add and/or confirm the list of proposed projects to be undertaken within the Area. Other provisions of the Plan not affected by the Amendment would remain in full force and effect. Any person or organization desiring to be heard shall be afforded an opportunity to be heard at such hearing. This notice is given by order of the City Council of the City of Waukee, State of Iowa, as provided by Section 403.5 of the Code of Iowa. Dated this 17th day of September, 2018. Rebecca D. Schuett City Clerk, City of Waukee, State of Iowa (End of Notice) Section 5.That the proposed Amendment No. 5, attached hereto as Exhibit 1, for the Urban Renewal Area described therein is hereby officially declared to be the proposed Amendment No. 5 to the Gateway Economic Development Urban Renewal Plan referred to in the notices for purposes of such consultation and hearing and that a copy of the Amendment shall be placed on file in the office of the City Clerk. PASSED AND APPROVED this 17th day of September, 2018. Mayor ATTEST: City Clerk Label the Amendment as Exhibit 1 (with all exhibits) and attach it to this Resolution. FINAL 091418 GATEWAY ECONOMIC DEVELOPMENT URBAN RENEWAL PLAN for the GATEWAY ECONOMIC DEVELOPMENT URBAN RENEWAL AREA AMENDMENT #5 WAUKEE, IOWA Original Plan – 2013 Amendment #1- 2014 Amendment #2 – 2015 Amendment #3 – 2016 Amendment #4 – 2017 Amendment #5 - 2018 FINAL 091418 2 TABLE OF CONTENTS SECTION PAGE A. INTRODUCTION 3 B. DESCRIPTION OF THE URBAN RENEWAL AREA 4 C. AREA DESIGNATION 4 D. HISTORY AND PURPOSE 4 E. BASE VALUE 6 F. DEVELOPMENT PLAN 6 G. AREA OBJECTIVES 7 H. TYPE OF RENEWAL ACTIVITIES 7 I. PREVIOUSLY APPROVED PROJECTS 8 J. ELIGIBLE PROJECTS 10 K. FINANCIAL DATA 11 L. AGREEMENT TO INCLUDE AGRICULTURAL LAND 11 M. URBAN RENEWAL FINANCING 12 N. PROPERTY ACQUISITION/DISPOSITION 13 O. RELOCATION 13 P. STATE AND LOCAL REQUIREMENTS 13 Q. REPEALER AND SEVERABILITY 13 R. URBAN RENEWAL PLAN AMENDMENTS 13 S. EFFECTIVE PERIOD 14 EXHIBITS A. LEGAL DESCRIPTION OF AMENDMENT #5 AREA 15 B. URBAN RENEWAL AREA MAP 21 FINAL 091418 3 Urban Renewal Plan Gateway Economic Development Urban Renewal Area City of Waukee, Iowa A. INTRODUCTION The Gateway Economic Development Urban Renewal Plan (“Plan” or “Urban Renewal Plan”) was developed to help local officials promote economic development in the City of Waukee. The primary goal of the Plan is to stimulate, through public involvement and commitment, private investment in new commercial and light industrial development. In order to achieve this objective, Waukee (the “City”) adopted the Plan in 2013. Pursuant to the Plan, the City has undertaken Urban Renewal activities pursuant to the powers granted to it under Chapter 403 and Chapter 15A of the Code of Iowa, as amended. The Gateway Economic Development Urban Renewal Plan was amended in 2014 (Amendment #1), 2015 (Amendment #2), 2016 (Amendment #3) and 2017 (Amendment #4). The Plan is being further amended to add real estate to the Area to the extent described hereinafter and to add and/or confirm the list of proposed projects to be undertaken within the Gateway Economic Development Urban Renewal Area (“Urban Renewal Area” or “Area”) by this Amendment #5 (“Amendment #5” or “Amendment”). This Amendment #5 repeats much of the original Plan adopted in 2013 for the reader's convenience. The material changes by this Amendment #5 are the following: The addition of the Area described as “Amendment #5 Area”; Section I. Previously Approved Projects is updated and revised, page 8 Section J. Eligible Projects is updated and revised, page 10; Section K. Financial Data is updated and revised, page 11; Exhibit A contains a legal description of the property being added (“Amendment #5 Area”); FINAL 091418 4 Exhibit B contains a Map of the Gateway Economic Development Urban Renewal Area including the Amendment #5 Area. Except as modified by this Amendment, the provisions of the original Gateway Economic Development Urban Renewal Plan, as previously amended, are hereby ratified, confirmed, and approved and shall remain in full force and effect as provided herein. In case of any conflict or uncertainty, the terms of this Amendment shall control. B. DESCRIPTION OF THE URBAN RENEWAL AREA The legal description of the property being added to the Gateway Economic Development Urban Renewal Area by this Amendment (called “Amendment #5 Area”) is attached hereto as Exhibit “A”. A map of the Amendment #5 Area and including the entire Gateway Economic Development Urban Renewal Area, as amended, is attached hereto as Exhibit “B”. C. AREA DESIGNATION With the adoption of this Plan, the City of Waukee designated this Gateway Economic Development Urban Renewal Area as an economic development district that is appropriate for the promotion of new commercial and light industrial development. This designation continues in this Amendment and applies to the Amendment #5 Area. D. HISTORY AND PURPOSE The City’s first Urban Renewal Area was established in 1988. Over the years, as the City continued to grow and commercial development opportunities became available, the City created and amended several new urban renewal areas. In 2004, the City linked the various urban renewal areas that had been created in previous years. In 2011, the City of Waukee approved a Unified Urban Renewal Plan and Amendment No. 1. The 2011 Unified Plan continued the City’s objective to consolidate and link the urban renewal areas in order to maximize the future expenditures of incremental property tax revenues necessary to promote economic development. Amendment Nos. 2, 3 4, 5, 6 and 7 to the Unified Plan followed. The City of Waukee received approval for a new interchange off Interstate 80. Work on the connecting corridor (Grand Prairie Parkway) to the new interchange began in the fall of 2013 with the interchange work beginning in October 2014. FINAL 091418 5 When the interchange and connecting corridor are completed, it will open up over 1,000 acres of available land for development. Through planning studies that have been completed, it is estimated that, over time, this new development area can support up to 7,000 additional residential units and 8.8 million square feet of commercial and office development. This development potential equates to an additional 15,000 residents and between 20,000 and 25,000 new jobs. The Gateway Economic Development Area was established to include all of the existing undeveloped property within the proposed corridor as well as the existing right-of-way for those corridor improvements which will be completed over the next several years. In 2013, when the Gateway Economic Development Urban Renewal Plan was adopted, the majority of the area to be included in the new Gateway development corridor was a part of the Unified Urban Renewal Area but had remained undeveloped due to lack of public infrastructure. Simultaneously with the adoption of the Gateway Economic Development Area, the City amended its Unified Urban Renewal Area, described above, to reflect changes in that Area’s uses and development opportunities. With the construction of the new interchange, Waukee will be provided with a direct access to Interstate 80. This new interstate connection will provide new and unique opportunities to the community, including: Development potential for highway service businesses which primarily rely on the traveler as a market. Attractive access for companies in need of the interstate corridor such as those that are transportation based, market oriented, or distribution related. Convenient traffic access which translates into reduced travel time for commuters. Large lot tracts of developable land appropriate for companies in need of minimal congestion, convenience to suburban workforce, and new appropriately-sized infrastructure. Potential to recruit big box retailers who draw from a more regional customer base and who rely on the ease of access made available by locating near the Interstate. In order to accommodate this new development, it is estimated that various infrastructure and development projects will cost in the range of $70 - $80 million [increased from $45 - $50 million estimate in the Original Plan] and will be completed over several years. In addition to incremental taxes, the City intends to apply for available federal and state dollars as a funding resource. FINAL 091418 6 The City's plan in 2013 was that as the City begins to invest millions of dollars in infrastructure to support this new corridor, City officials believed it was necessary to remove from the Unified Urban Renewal Area those parcels which are undeveloped to date and to re-establish those areas as a new and separate Urban Renewal Area. This concept applies equally to the Amendment #5 Area, which is undeveloped property and has the potential to support commercial development. The Gateway Economic Development Urban Renewal Area will allow the City to plan for, execute and pay for the costs of the necessary public infrastructure to service new development and will allow the City the ability to maximize future expenditures of incremental property tax revenues to promote economic development within the new connecting corridor. E. BASE VALUE It is anticipated that a number of TIF ordinances will be adopted for various parcels within the Urban Renewal Area, corresponding to the completion of new development projects. Accordingly, different portions of the Urban Renewal Area will have different base valuation dates. This Amendment does not alter any previously established base values. F. DEVELOPMENT PLAN Waukee has a general plan for physical development of the City as a whole outlined in the Waukee Comprehensive Plan, adopted in 2008, and last amended in September 2017. This Urban Renewal Plan, as amended by Amendment #5, is in conformity with the Comprehensive Plan and the land use policy and priorities that were adopted as part of the planning process. Specific objectives identified in the Comprehensive Plan include, but are not limited to, a connected citizenry involving the creation of strong civic gathering places; a successful and economically viable downtown; business environments that define the future through innovation and creativity; and mixed-use and neighborhood integrated commercial developments which maintain a strong retail base and are designed to be sustainable. The Gateway Economic Development Urban Renewal Area is primarily zoned agricultural, commercial, and commercial office. A small portion of the Area is zoned Multi-Family Residential and Townhomes. This Urban Renewal Plan does not change or in any way replace the City’s current land use planning or zoning regulation process. The need for improved traffic, public transportation, public utilities, recreational and community facilities, or other public improvements within the Urban Renewal FINAL 091418 7 Area is set forth in this Plan, as amended. As the Area develops, the need for public infrastructure extensions and upgrades will be evaluated and planned for by the City. G. AREA OBJECTIVES Renewal activities are designed to provide opportunities, incentives, and sites for new commercial and light industrial development within the district. More specific objectives for development within the Gateway Economic Development Urban Renewal Area are as follows: 1.To stimulate through public action and commitment, private investment in new commercial and light industrial development. 2. To plan for and provide sufficient land for commercial and light industrial development in a manner that is efficient from the standpoint of providing municipal services. 3. To provide for the installation of public infrastructure and other public facilities which contribute to the sound development in the Area. 4. To provide a more marketable and attractive investment climate. 5. To achieve a diversified, well-balanced economy providing a desirable standard of living, creating job opportunities, and strengthening the tax base. H. TYPE OF RENEWAL ACTIVITIES To meet the objectives of this Urban Renewal Plan and to encourage the development of the Area, the City intends to utilize the powers conferred under Chapter 403 and Chapter 15A, Code of Iowa including, but not limited to, tax increment financing. Activities may include: 1. To undertake and carry out urban renewal projects through the execution of contracts and other instruments. 2. To arrange for or cause to be provided the construction or repair of public infrastructure, including but not limited to streets, storm water drainage, sanitary sewer, water, sidewalks, street lights, parks and open spaces, recreational trails or facilities, landscaping, public utilities or other related facilities in connection with urban renewal projects. FINAL 091418 8 3. To provide for the construction of urban renewal projects or specific site improvements such as grading and site preparation activities, access roads and parking, fencing, utility connections, and related activities. 4. To make loans, forgivable loans, tax rebate payments or other types of economic development grants or incentives to private persons or businesses for economic development purposes on such terms as may be determined by the City Council. 5. To use tax increment financing to facilitate urban renewal projects, including but not limited to, actions to achieve a more marketable and competitive land offering price and to provide for necessary physical improvements and infrastructure. 6. To borrow money and to provide security therefor. 7. To make or have made surveys and plans necessary for the implementation of the Urban Renewal Program or specific urban renewal projects. 8. To acquire property through a variety of means (purchase, lease, option, etc.) and to hold, clear, or prepare the property for redevelopment. 9. To dispose of property so acquired. 10. To use any or all other powers granted by the Urban Renewal Act to develop and provide for improved economic conditions for the City of Waukee and the State of Iowa. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. I. PREVIOUSLY APPROVED PROJECTS (updated by Amendment #5) Numerous urban renewal projects were authorized prior to the date of this Amendment and are continuing, including but not limited to the following: 1)Public Improvements: Project Estimated Date Estimated Cost Rationale Grand Prairie Parkway 2016-2019 $2,000,000 - Commercial Corridor FINAL 091418 9 (Interstate 80 to University) Streetscape Enhancements – landscaping, trails, underpass enhancements, signage $4,000,000 Roadway Expansion Alice’s Road Expansion Phase 1 (University to Olson) 2016- 2019 $6,500,000 - $8,000,000 Commercial Corridor Roadway Expansion Alice’s Road Expansion Phase 2 (Olson to Horizon) 2016- 2019 $7,500,000 - $9,000,000 Commercial Corridor Roadway Expansion TOTAL $16,000,000- $ 21,000,000 Note: This total does not include financing costs related to debt issuance. Note: It may be that the above costs will be reduced by the application of state and /or federal grants or programs; cost-sharing agreements with other entities; or other available sources of funds. 2)Development Agreements: a. Agreement with KC Kettlestone, L.C. Under authority granted by the Plan, as previously amended, the City entered a Development Agreement (the "Agreement") with KC Kettlestone, L.C. (the “Developer”) and Ashworth Properties Development, Inc. (the "Land Developer"). The Agreement obligates the Developer to construct certain Minimum Improvements (as defined in the Agreement) on certain real property located within the Gateway Urban Renewal Area as defined and legally described in the Development Agreement, consisting of the construction of a 90,000 square foot, two story building to be used for office space, together with all related site improvements, under the terms and following satisfaction of the conditions set forth in the Agreement. Developer anticipates the Minimum Improvements will be leased to a commercial business that will employ employees therein. The Agreement further obligates the City to make up to five (5) consecutive annual payments of Economic Development Grants to Developer consisting of 100% of the Tax Increments pursuant to the Iowa Code Section 403.19 and generated by the construction of the Minimum Improvements; the cumulative total for all such payments is currently estimated to be $1,740,000 but in no event will exceed the amount accrued under the formula outlined in the Development Agreement, under the terms and following satisfaction of the conditions set forth in the Agreement. The Land Developer will dedicate property to the City, at no cost to the City, to be used as right-of-way for certain Public Improvements, as described in the Agreement, to be constructed by the City in the Urban Renewal Area. The Agreement further proposes that Land Developer will pay for the costs of the Public Improvements not otherwise paid for by RISE grants. The Agreement further obligates the City to make up to five (5) additional FINAL 091418 10 consecutive annual payments of Economic Development Grants to Developer consisting of 100% of the Tax Increments pursuant to the Iowa Code Section 403.19 and generated by the construction of the Minimum Improvements, the cumulative total for all such payments not to exceed the amount accrued under the formula outlined in the proposed Development Agreement (currently estimated to be $1,740,000), under the terms and following satisfaction of the conditions set forth in the Agreement. The Developer will contribute $25,000 from each Economic Development Grant to offset the cost of the City constructing certain Public Amenities in the Urban Renewal Area, as described in the Agreement. b. Agreement with Fridley Properties LLC. Under authority granted by the Plan, as previously amended, the City entered into a Development Agreement (the "Agreement") with Fridley Properties LLC (the “Developer”). The Agreement obligates the Developer to complete Minimum Improvements (as defined in the Agreement) on certain real property located within the Gateway Urban Renewal Area as defined and legally described in the Development Agreement, consisting of the construction of a 64,000 square foot movie theater and related improvements (as defined in the Agreement) on a portion of the Development Property, and to employ employees therein. The Agreement further obligates the City to make five (5) annual payments of Economic Development Grants to Developer, each consisting of 100% of the Tax Increments pursuant to the Iowa Code Section 403.19 and generated by the construction of the Minimum Improvements, under the terms and following satisfaction of the conditions set forth in the Agreement and up to a cumulative maximum of $2,000,000. J.ELIGIBLE PROJECTS (Amendment #5) Although certain project activities may occur over a period of years, the Eligible Urban Renewal Projects under this Amendment include: 1) Development Agreements: Future Development Agreements: The City expects to consider requests for Development Agreements for projects that are consistent with this Plan, in the City’s sole discretion. Such Agreements are unknown at this time, but based on past history, and dependent on development opportunities and climate, the City expects to consider incentives as authorized by this Plan, including but not limited to land, loans, grants, rebates, public infrastructure assistance and other incentives. The costs of such Development Agreements will not exceed $8,000,000 - $10,000,000. 2) Related Planning Costs: FINAL 091418 11 Planning, engineering fees for planning work, and legal fees to support proposed urban renewal projects are estimated not to exceed $2,000,000. K. FINANCIAL DATA 1. July 1, 2018, constitutional debt limit: $92,216,747 2. Current outstanding general obligation debt: $71,573,137 3. Proposed amount of indebtedness to be incurred: A specific amount of debt to be incurred for the Eligible Urban Renewal Projects (Amendment #5) has not yet been determined. This document is for planning purposes. The estimated project costs in this Plan are estimates only and will be incurred and spent over a number of years. In no event will the City’s constitutional debt limit be exceeded. The City Council will consider each project proposal on a case-by-case basis to determine if it is in the City’s best interest to participate before approving an urban renewal project or expense. It is further expected that such indebtedness, including interest on the same, may be financed in whole or in part with tax increment revenues from the Urban Renewal Area. Subject to the foregoing, it is estimated that the cost of the Eligible Urban Renewal Projects (Amendment #5) as described above will be approximately: $10,000,000 - $12,000,000 These totals do not include financing costs related to debt issuance, which may be incurred over the life of the Area. L. AGREEMENT TO INCLUDE AGRICULTURAL LAND Because some of the property included in the Gateway Economic Development Urban Renewal Area by the original Plan contains land that is defined as “agricultural land” by Iowa Code Section 403.17(3), the City and property owner have entered into an agreement in which the property owner agrees to allow the City to include real property defined as “Agricultural Land” in the Urban Renewal Area. A form of the agreement is attached as Exhibit C to the original Plan. The original signed agreements are on file at the City Clerk’s office. Amendment #5 does include the addition of land to the Area, however the land being added does not meet the requirements for “Agricultural Land”. Therefore, no Exhibit C is attached to this Amendment. FINAL 091418 12 M. URBAN RENEWAL FINANCING The City of Waukee intends to utilize various financing tools such as those described below to successfully undertake the proposed urban renewal actions. The City of Waukee has the statutory authority to use a variety of tools to finance physical improvements within the Area. These include: A. Tax Increment Financing. Under Section 403.19 of the Iowa Code, urban renewal areas may utilize the tax increment financing mechanism to finance the costs of public improvements or economic development incentives associated with redevelopment projects. Upon creation of a tax increment district within the Area, by ordinance, the assessment base is frozen and the amount of tax revenue available from taxes paid on the difference between the frozen base and the increased value, if any, is segregated into a separate fund for the use by the City to pay costs of the proposed urban renewal projects. The increased taxes generated by any new development, above the base value, are distributed to the taxing entities, if not requested by the City and in any event upon the expiration of the tax increment district. B. General Obligation Bonds. Under Division III of Chapter 384 and Chapter 403 of the Iowa Code, the City has the authority to issue and sell general obligation bonds for specified essential and general corporate purposes, including the acquisition and construction of certain public improvements and urban renewal projects within the Area or incentives for development consistent with this Plan. Such bonds are payable from the levy of unlimited ad valorem taxes on all the taxable property within the City of Waukee. It may be the City will elect to abate some or all of the debt service on these bonds with incremental taxes from this Area. The City may also determine to use tax increment financing to provide incentives such as cash grants, loans, tax rebates or other incentives to developers in connection with the urban renewal projects identified in this Plan related to commercial or light industrial development or other urban renewal projects. In addition, the City may determine to issue general obligation bonds, tax increment revenue bonds or such other obligations, or loan agreements for the purpose of making loans or grants of public funds to private businesses located in the Area for urban renewal projects. Alternatively, the City may determine to use available FINAL 091418 13 funds for making such loans or grants or other incentives related to urban renewal projects.In any event, the City may determine to use tax increment financing to reimburse the City for any obligations or advances. Nothing herein shall be construed as a limitation on the power of the City to exercise any lawful power granted to the City under Chapter 15, Chapter 15A, Chapter 403, Chapter 427B, or any other provision of the Code of Iowa in furtherance of the objectives of this Urban Renewal Plan. N. PROPERTY ACQUISITION/DISPOSITION If property acquisition/disposition becomes necessary to accomplish the objectives of the Plan, urban renewal powers will be carried out, without limitation, in accordance with the State of Iowa Urban Renewal Law. O. RELOCATION The City does not expect there to be any relocation required of residents or businesses as part of the Proposed Urban Renewal Projects; however, if any relocation is necessary, the City will follow all applicable relocation requirements. P. STATE AND LOCAL REQUIREMENTS All provisions necessary to conform to state and local laws will be complied with by the City and the developer in implementing this Urban Renewal Plan and its supporting documents. Q. REPEALER AND SEVERABILITY Any parts of the previous Plan, as previously amended, in conflict with this Amendment are hereby repealed. In the event one or more provisions contained in this Amendment or the Urban Renewal Plan, as amended, shall be held for any reason to be invalid, illegal, unauthorized or unenforceable in any respect, such invalidity, illegality, unauthorization or enforceability shall not affect any other provision of this or the Urban Renewal Plan, and this Urban Renewal Plan, as amended, shall be construed and implemented as if such provisions had never been contained herein. R. URBAN RENEWAL PLAN AMENDMENTS This Urban Renewal Plan may be amended from time to time for a number of reasons, including but not limited to, change in the Area, to add or change land use controls and regulations, to add or modify urban renewal projects, to modify goals FINAL 091418 14 or types of renewal activities, or to amend property acquisition and disposition provisions. The City Council may amend this Plan pursuant to appropriate procedures under Iowa Code Chapter 403. S. EFFECTIVE PERIOD This Amendment #5 to the Gateway Economic Development Urban Renewal Plan will become effective upon its adoption by the City Council and the Plan, as amended, will remain in effect until it is repealed by the City Council. During the life of the Plan, the City Council may designate all or any portion of the property covered by this Plan as a “tax increment area.” With respect to any property covered by this Plan which is included in an ordinance which designates that property as a tax increment area, the use of incremental property tax revenues, or the “division of revenue,” as those words are used in Chapter 403 of the Code of Iowa, is limited to twenty (20) years from the calendar year following the calendar year in which the City first certifies to the County Auditor the amount of any loans, advances, indebtedness, or bonds which qualify for payment from the incremental property tax revenue attributable to the portion of the Area within the ordinance. The division of revenues shall continue within any tax increment area, for the maximum period allowed by law. It is anticipated that separate TIF ordinances for separate parcel(s) may be adopted as development in the Area warrants. For TIF ordinances on the Area, the frozen base for the parcels within a TIF ordinance is set as of January 1 of the calendar year preceding the first calendar year in which the City certifies debt in the Area following the adoption of the TIF ordinance. Each TIF ordinance could have separate expiration dates depending on when the TIF ordinance is adopted. Per law, the collection of tax increment from the parcel(s) within each TIF ordinance will be limited to no more than 20 years. For example, if one of the TIF ordinances on an Area parcel(s) is both adopted and first certified in 2016, then the frozen base of the parcel(s) within the TIF ordinance is established as of 1/1/2015 and the fiscal year 2036-2037 is the last year (expiration date) that tax increment can be collected on property within that particular TIF ordinance. At all times, the use of tax increment financing revenues (including the amount of loans, advances, indebtedness or bonds which qualify for payment from the division of revenue provided in Section 403.19 of the Code of Iowa) by the City for activities carried out under the Gateway Economic Development Urban Renewal Plan shall be limited as deemed appropriate by the City Council and consistent with all applicable provisions of law. FINAL 091418 15 EXHIBIT A LEGAL DESCRIPTION OF AREA Original Area The Gateway Economic Development Urban Renewal Area is described as follows: The Southwest ¼ of the Southwest ¼ of Section 26, Township 79 North, Range 26 West of the 5th P.M. and adjacent Alice’s Road Right of Way and adjacent Hickman Road (U.S. Highway 6) Right of Way (Parcel # 12-26-300-005 and #12- 26-300-004), and A parcel of land within the Southeast ¼ of the Southwest ¼ of Section 26, Township 79 North, Range 26 West of the 5th P.M. beginning at the Southwest corner and extending 600 feet to the East, then 295 feet North, then diagonally Northwest to a point 300 feet West and 245 feet North, then 494.5 feet North, then 300 feet west, then 1034.5 feet South to a starting point at the Southwest corner and adjacent Hickman Road (U.S. Highway 6) Right of Way (Parcel # 12-26-300- 007), and The East ½ of the Northeast ¼ of Section 34, Township 79 North, Range 26 West of the 5th P.M. and adjacent Alice’s Road Right of Way and adjacent Hickman Road (U.S. Highway 6) Right of Way (Parcel # 12-34-200-006 and Parcel # 12-34- 200-005), and The Alice’s Road Right of Way extending from the north Right of Way line of Hickman Road (U.S. Highway 6) to the south Right of Way line of University Avenue, and The West 467 feet of the East 1,012 feet of the South 407 feet of the Southeast ¼ of the Southwest ¼ of Section 35, Township 79 North, Range 26 West of the 5th P.M. and the adjacent University Avenue Right of Way (Parcel # 12-35-300-005), and Government Lot 3 of Section 4, Township 78 North, Range 26 West of the 5th P.M., and adjacent SE University Avenue Right of Way (Parcel # 16-04-100-006); and Government Lot 2 of Section 4, Township 78 North, Range 26 West of the 5th P.M., lying south of railroad right of way and adjacent SE University Avenue Right of Way (Parcel # 16-04-200-001), and FINAL 091418 16 Government Lot 1 of Section 4, Township 78 North, Range 26 West of the 5th P.M. lying south of railroad right of way (Parcel # 16-04-200-007), and Government Lot 7, Except Parcel “A”; and Government Lot 10, Except Parcel “B” thereof, all in Section 4, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-04-200-011 and Parcel # 16-04-200-013 and Parcel # 16-04-200-002), and Outlot X of Grant Park 2, an Official Plat, City of Waukee, Iowa (Parcel # 16-04- 200-014), and Government Lot 8 of Section 4, Township 78 North, Range 26 West of the 5th P.M., (Parcel # 16-04-200-008), and Government Lot 9 of Section 4, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-04-200-009), and Government Lot 16 of Section 4, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-04-200-010), and Government Lot 5 of Section 3, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-03-100-034) and adjacent west half of the SE Waco Place Right of Way, and Government Lot 12 of Section 3, Township 78 North, Range 26 West of the 5th P.M. and the adjacent west half of the SE Waco Place Right of Way (Parcel # 16- 03-100-006) and, Government Lot 15 of Section 4, Township 78 North, Range 26 West of the 5th P.M., (Parcel # 16-04-200-005), and The West 3/8ths of the Southeast Quarter of Section 4, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way (Parcel # 16-04-401-001), and The East ¼ of the Southwest ¼ of Section 4, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way (Parcel # 16-04- 300-004), and The Northeast ¼ of the Southeast ¼ and the East 10 acres of the Northwest ¼ of the Southeast ¼ of Section 4, Township 78 North, Range 26 West of the 5th P.M. (Parcel # 16-04-426-001), and FINAL 091418 17 The Northwest ¼ of the Southwest ¼ of Section 3, Township 78 North, Range 26 West of the 5th P.M. and the adjacent west half of the SE Waco Place Right of Way except Parcel A as defined within the Plat of Survey recorded in Bk 2009 Pg 18393 (Parcel # 16-03-300-015 and Parcel # 16-03-300-014), and All of Dolmage Estates Plat 1, an Official Plat, City of Waukee, Iowa and adjacent SE Ashworth Road Right of Way (Parcel # 16-04-478-011 and Parcel # 16-04- 478-010 and Parcel # 16-04-478-009 and Parcel # 16-04-478-008 and Parcel # 16- 04-478-007 and Parcel # 16-04-477-009 and Parcel # 16-04-477-008 and Parcel # 16-04-477-007 and Parcel # 16-04-477-006 and Parcel # 16-04-477-005 and Parcel # 16-04-451-005 and Parcel # 16-04-451-006 and Parcel # 16-04-451-007), and All of Dolmage Estates Plat 2, an Official Plat, City of Waukee, Iowa (Parcel # 16- 04-477-001 and Parcel # 16-04-477-002 and Parcel # 16-04-477-003 and Parcel # 16-04-477-001 and Parcel # 16-04-451-001 and Parcel # 16-04-451-002 and Parcel # 16-04-451-003 and Parcel # 16-04-451-004 and Parcel # 16-04-476-002 and Parcel # 16-04-476-003 and Parcel # 16-04-476-004 and Parcel # 16-04-476-005 and Parcel # 16-04-476-006 and Parcel # 16-04-478-001 and Parcel # 16-04-478- 002 and Parcel # 16-04-478-003 and Parcel #16-04-478-004), and The East 10 acres of the Southwest ¼ of the Southeast ¼ and the Southeast ¼ of the Southeast ¼ of Section 4, Township 78 North, Range 26 West of the 5th P.M., except Dolmage Estates Plat 1, an Official Plat, City of Waukee, Iowa and except Dolmage Estates Plat 2, an Official Plat, City of Waukee, Iowa (Parcel # 16-04- 478-006 and Parcel # 16-04-476-001), and The Southwest ¼ of the Southwest ¼ of Section 3, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way and the adjacent SE Waco Place Right of Way (Parcel # 16-03-300-004 and Parcel # 16- 03-300-005 and Parcel # 16-03-300-006 and Parcel # 16-03-300-007 and Parcel # 16-03-300-008 and Parcel # 16-03-300-009), and The Northeast ¼ of the Northwest ¼ of Section 9, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way (Parcel # 16-09-100-007), and The Northwest ¼ of the Northeast ¼ and the North 5 acres of the Southwest ¼ of the Northeast ¼ all within Section 9, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way and the adjacent SE Vermillion Court Right of Way (Parcel # 16-09-200-001), and The Northeast ¼ of the Northeast ¼ of Section 9, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way and the adjacent SE Vermillion Court Right of Way (Parcel # 16-09-200-002), and FINAL 091418 18 The Northwest ¼ of the Northwest ¼ of Section 10, Township 78 North, Range 26 West of the 5th P.M. and the adjacent SE Ashworth Road Right of Way (Parcel # 16-10-100-001), and The Southeast ¼ of the Northeast ¼ of Section 9, Township 78 North, Range 26 West of the 5th P.M., except the 11 acres for Interstate 80 and the adjacent SE Vermillion Court Right of Way (Parcel # 16-09-200-004), and The South ½ of the Northwest ¼ of Section 10, Township 78 North, Range 26 West of the 5th P.M., located north of Interstate 80 (Parcel # 16-10-100-007), and The Northwest ¼ of the Southeast ¼ of Section of Section 9, Township 78 North, Range 26 West of the 5th P.M. located north of Interstate 80 (Parcel # 16-09-400- 001), and The South 35 acres of the Southwest ¼ of the Northeast ¼ and the Southeast ¼ of the Northwest ¼ and the Northeast ¼ of the Southwest ¼ all within Section 9, Township 78 North, Range 26 West of the 5th P.M., EXCEPT the area lying 15.00 feet in width on each side of the following described line or line extended: Commencing as a point of reference at the West ¼ corner of said Section 9; thence South 00°39’25” West (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone), a distance 892.50 feet along the West line of NW ¼ SW ¼ of said Section 9; thence South 89°20’35” East, a distance of 1,308.61 feet to a point on the West line of said NE ¼ SW ¼, said point being the point of beginning; thence North 36°09’50” East, a distance of 262.58 feet; thence North 69°25’13” East, a distance of 435.00 feet; thence North 34°26’08” West, a distance of 165.00 feet; thence North 05°00’03” East, a distance of 210.00 feet; thence North 46°19’55” East, a distance of 170.00 feet; thence North 36°39’43” East, a distance of 252.00 feet; thence North 31°32’07” East, a distance of 392.00 feet; thence South 89°27’15” East, a distance of 360.00 feet; thence North 77°24’35” East, a distance of 125.87 feet to the West line of an Acquisition Plat Exhibit “A” recorded in Annexation Book 14 Page 268 in said Dallas County Recorder’s Office. (Parcel # 16-09-200-003 and Parcel # 16-09-100-013 and Parcel # 16-09-300-005), and Government Lot 4 of Section 3, Township 78 North, Range 26 West of the 5th P.M. located west of the centerline of SE Waco Place Right of Way and the adjacent SE University Avenue Right of Way (Parcel # 16-03-100-001 and Parcel # 16-03-501-003 and Parcel # 16-03-100-013 and Parcel # 16-03-100-002 and Parcel # 16-03-100-012) FINAL 091418 19 Amendment #2 Area – Property Added to Urban Renewal Plan (2015) Lots 1 through 5 and Outlot Z of Williams Pointe Plat 15, an Official Plat, City of Waukee, Iowa (Parcel # 12-35-354-005, 12-35-354-006, 12-35-354-002, 12-35- 354-003, 12-35-354-004 and 12-35-354-001); and Parcel AA of Lot 2 of Williams Point Plat 7, an Official Plat, City of Waukee, Iowa (Parcel # 12-35-302-005); and Lots 1 through 3 of Autumn Ridge Plat 1, an Official Plat, City of Waukee, Iowa and the adjacent SE Olson Drive right of way (Parcel # 12-35-305-002, 12-35-306- 001 and 12-35-306-002) Amendment #3 Area – Property Added to Urban Renewal Plan (2016) Outlot B of The Point Plat 1, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel # 1227378006) and the adjoining Hickman Road (Highway 6) Right of Way from Alice’s Road to the west property line of said Outlot B, and the adjoining NE Westgate Drive Right of Way. Amendment #4 Area – Property Added to Urban Renewal Plan (2017) Lots 1 -4 of Waukee Central, an Official Plat, City of Waukee, Dallas County, Iowa (Parcel # 1234126001, 1234126002, 1234126003, 1234126004) Amendment #5 Area – Property to be Added to Urban Renewal Area by Amendment #5 (2018) Lots 1 and 2 of Stone Prairie Plat 4, an Official Plat, City of Waukee, Dallas County, Iowa and the adjoining SE Westown Parkway Right of Way and the adjoining SE LA Grant Parkway Right of Way (Parcel #1605286001, 1605286002); and, A tract of land in Government Lot 9, in the Northeast Fractional Quarter (NE frl ¼) of Section 5, Township 78 North, Range 26 West of the 5th P.M., Dallas County, Iowa, more particularly described as follows: Beginning at the Southeast corner of Government Lot 9 in the NE Fractional Quarter (NE frl ¼) of Section 5, Township 78 North, Range 26 West of the 5th P.M., Waukee, Dallas County, Iowa; thence along the South line of said FINAL 091418 20 Government Lot 9, thence South 83⁰01’22” West, 438.28 feet; thence North 03⁰58’45” West 453.20 feet; thence North 85⁰00’47” East, 468.25 feet to the East line of said Government Lot 9; thence South 00⁰00’00”, 439.57 feet to the point of beginning and the adjoining SE LA Grant Parkway Right of Way and the adjoining SE Westown Parkway Right of Way (Parcel # 1605200013); and, SE Westown Parkway Right of Way from SE LA Grant Parkway to Grand Prairie Parkway. FINAL 091418 21