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Home My WebLink About2018-11-05-I02 Annexation_Telby and Goodall AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 5, 2018 AGENDA ITEM: Consideration of approval of a resolution approving annexation of consenting properties by the City of Waukee, Iowa (Telby, LLC, and Goodall Properties; Interstate 80 Right of Way). FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The proposed annexation area is directly adjacent to the current City Limits of Waukee and is consistent with the City’s Comprehensive Plan for future expansion. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: RECOMMENDATION: Approve the resolution. ATTACHMENTS: I. Proposed Resolution PREPARED BY: Brad Deets, Development Services Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I2 THE CITY OF WAUKEE, IOWA RESOLUTION 18- RESOLUTION APPROVING THE VOLUNTARY ANNEXATION OF PROPERTY – TELBY, LLC, GOODALL PROPERTIES AND INTERSTATE 80 RIGHT OF WAY 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 Telby, LLC and Goodall Properties for property located directly north of Interstate 80 and east of Grand Prairie Parkway within 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 part hereof. WHEREAS, such property collectively adjoins the City as required by Chapter 368, Code of Iowa, 2018, and; WHEREAS, all required notification has been carried out pursuant to Chapter 368, code of Iowa, 2018, and; WHEREAS, a public hearing was held concerning said applications and the annexation on November 5, 2018 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, 2018, and such property shall hereinafter become and be part of the City of Waukee, Iowa. SECTION 2. Tax transitioning of City taxes is hereby approved for property within the annexation area, as authorized by Iowa Law, in the following percentages: (a) In the first and second year following annexation of the Subject Property, the Subject Property is taxed by City - 75% tax transitioning (b) Third and Fourth year – 60% tax transitioning (c) Fifth and Sixth year – 45% tax transitioning, (d) Seventh and Eighth year - 30% tax transitioning (e) Ninth and Tenth year – 15% tax transitioning. Tax transitioning shall only be authorized for each specific property annexed hereunder until such property is rezoned from A-1 zoning to another City zoning classification. SECTION 3. 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 5th day of November 2018. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Courtney Clarke Shelly Hughes Larry R. Lyon EXHIBIT A MAP OF ANNEXATION AREA EXHIBIT B LEGAL DESCRIPTION OF ANNEXATION AREA A parcel of land located in the SE Quarter of the NE Quarter of Section 9, T78N, R26W of the 5th P.M., Dallas County, Iowa, as recorded in the Iowa Department of Transportation Land Patent in Book 2017, Page 17058 in Dallas County, Iowa, and more particularly described as follows: Commencing at the East ¼ Corner of said Section 9; thence S83°47'45"W 818.61 feet along the south line of the NE Quarter of said Section 9 to the Point of Beginning; thence continuing S83°47'45"W 500.36 feet to a point on the present northerly right of way line of Interstate Route No. 80; thence N0°47'52"E 3.65 feet along said present northerly right of way line; thence N55°53'31"E 1596.17 feet along said present northerly right of way line to a point on east line of the SE Quarter of the NE Quarter of said Section 9; thence S0°47'17"W 364.66 feet along said east line; thence S61°30'35"W 214.35 feet; thence S60°11'43"W 485.14 feet; thence S56°55'54"W 250.40 feet to the Point of Beginning. Said parcel contains 7.61 acres (Parcel # 1609200008); and, A PARCEL OF LAND LOCATED IN THE NE 1/4 SE 1/4 OF SECTION 9, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA, AS RECORDED IN THE IOWA DEPARTMENT OF TRANSPORTATION LAND PATENT IN BOOK 2017, PAGE 16834 IN DALLAS COUNTY, IOWA. SAID PARCEL IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE E 1/4 CORNER OF SAID SECTION 9; THENCE S83°47'45"W 818.61 FEET ALONG THE NORTH LINE OF THE SE 1/4 OF SAID SECTION 9 TO THE POINT OF BEGINNING; THENCE S56°55'54"W 60.43 FEET; THENCE S77°29'50" W 458.76 FEET TO A POINT ON THE PRESENT NORTHERLY RIGHT OF WAY LINE OF INTERSTATE ROUTE NO. 80; THENCE N0°47'52"E 78.22 FEET ALONG SAID PRESENT NORTHERLY RIGHT OF WAY LINE; THENCE N83°47'45"E 500.36 FEET TO THE POINT OF BEGINNING, SAID PARCEL CONTAINS 0.56 ACRES OR 24,291 SQUARE FEET. (PARCEL #1609200009); and, A parcel of land located in the SW ¼ of the NW ¼ of Section 10, T78N, R26W of the 5th P.M., Dallas County, Iowa, as recorded in the Iowa Department of Transportation Land Patent in Book 2017, Page 17062 in Dallas County, Iowa. Said parcel is more particularly described as follows: Commencing at the W 1/4 Corner of said Section 10; thence N0°47'17"E 391.58 feet along the west line of the NW 1/4 of said Section 10 to the Point of Beginning; thence continuing N0°47'17"E 364.66 feet to a point on the present northerly right of way line of Interstate Route No. 80; thence N55°53'31"E 100.75 feet along said present northerly right of way line; thence S34°06'29"E 304.00 feet; thence S56°48'07"W 309.40 feet to the Point of Beginning. Said parcel contains 1.43 acres or 62,088 sq. ft.; and, A parcel of land located in the SW 1/4 NW 1/4 of Section 10, T78N, R26W of the 5th P.M., Dallas County, Iowa, as recorded in the Iowa Department of Transportation Land Patent in Book 2017, Page 17077 in Dallas County, Iowa. Said parcel is more particularly described as follows: Commencing at the W1/4 Corner of said Section 10; thence N0°47'17"E 391.58 feet along the west line of the NW ¼ of said Section 10; thence N56°48'07"E 309.40 feet to the Point of Beginning; thence N34°06'29"W 304.00 feet to a point on the present northerly right of way line of Interstate Route No. 80; thence N55°53'31"E 540.00 feet along said present northerly right of way line; thence S34°06'37"E 347.96 feet along said present northerly right of way line; thence S59°38'14"W 244.36 feet; thence S61°17'35"W 297.50 feet to the Point of Beginning. Said parcel contains 4.07 acres or 177,082 sq. ft. (Parcel # 1610100012); and, The North Half of the Interstate 80 Right of Way located between the centerline of CH R22 (Ute Avenue) and the East line of the NE ¼ of the NW ¼ of Section 10, Township 78 North, Range 26 West of the 5th P.M., Dallas County, Iowa; and, The full Interstate 80 Right of Way located between the East line of Section 7, Township 78 North, Range 26 West of the 5th P.M., Dallas County, Iowa and Section 18, Township 78 North, Range 26 West of the 5th P.M., Dallas County, Iowa and the centerline of CH R22 (Ute Avenue).