HomeMy WebLinkAbout2017-10-16-I04A Southwest Business Park Urban Renewal Plan_Resolution AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 16, 2017
AGENDA ITEM: Consideration of approval of a resolution determining an area of the City
to be an economic development area, and that the rehabilitation,
conservation, redevelopment, development or a combination thereof, of
such area is necessary in the interest of the public health, safety or
welfare of the residents of the City; designating such area as appropriate
for urban renewal projects; and adopting the Southwest Business Park
Urban Renewal Plan
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON:
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
PREPARED BY: Becky Schuett
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
RESOLUTION NO. ____________________
RESOLUTION DETERMINING AN AREA OF THE CITY TO
BE AN ECONOMIC DEVELOPMENT AREA, AND THAT THE
REHABILITATION, CONSERVATION, REDEVELOPMENT,
DEVELOPMENT, OR A COMBINATION THEREOF, OF
SUCH AREA IS NECESSARY IN THE INTEREST OF THE
PUBLIC HEALTH, SAFETY OR WELFARE OF THE
RESIDENTS OF THE CITY; DESIGNATING SUCH AREA AS
APPROPRIATE FOR URBAN RENEWAL PROJECTS; AND
ADOPTING THE SOUTHWEST BUSINESS PARK URBAN
RENEWAL PLAN
WHEREAS, this Council has reasonable cause to believe that the area described below
satisfies the eligibility criteria for designation as an urban renewal area under Iowa law; and
WHEREAS, a proposed Southwest Business Park Urban Renewal Plan ("Plan" or "Urban
Renewal Plan") for the Southwest Business Park Urban Renewal Area described below has been
prepared, which proposed Plan has been on file in the office of the City Clerk and which is
incorporated herein by reference; and
WHEREAS, this proposed Southwest Business Park Urban Renewal Area includes and
consists of:
DEED RECORDED IN BOOK 2017 PAGE 4888
LOT THREE (3) OF THE AUDITOR'S PLAT OF THAT PART OF THE
NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER
(NW1/4) OF SECTION 17 IN TOWNSHIP 78 NORTH, OF RANGE 26 WEST
OF THE 5TH P.M., DALLAS COUNTY, IOWA, EXCEPT COMMENCING AT
THE NW CORNER OF SEC. 17-T78N-R26W OF THE 5TH P.M., DALLAS
COUNTY, IOWA, THENCE S 00°00' 658.43 FEET ALONG THE SECTION
LINE TO THE POINT OF BEGINNING, THENCE CONTINUING S 00°00'
87.17 FEET, THENCE S 89°12'E 382.70 FEET, THENCE S 06°12'E 130.00
FEET, THENCE S 84°35'E 225.61 FEET, THENCE N 02°55'W 30.62 FEET,
THENCE N 73°50'E 338.22 FEET, THENCE N 02°55'W 128.79 FEET,
THENCE N 73°50'E 400.92 FEET TO THE CENTERLINE OF A COUNTY
ROAD, THENCE N 00°50'E 75.00 FEET ALONG SAID CENTERLINE,
THENCE S 73°50'W 423.54 FEET, THENCE N 02°55'W 568.48 FEET TO THE
SOUTH RIGHT OF WAY LINE OF INTERSTATE NO. 80, THENCE N
85°04'W 315.13 FEET ALONG SAID RIGHT OF WAY LINE, THENCE S
02°55'E 676.50 FEET, THENCE N 89°50'W 609.02 FEET TO THE POINT OF
BEGINNING;
PARCEL "A" OF THE SURVEY OF ALL OF LOT 4 AND PART OF LOT 3
OF THE AUDITOR'S PLAT OF THE NW 1/4 OF THE NW 1/4 OF SECTION
17, TOWNSHIP 78 NORTH, RANGE 26 WEST OF THE 5TH P.M., ALL
BEING IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA, AS SHOWN IN BOOK 2004, PAGE 5051, IN THE OFFICE
OF THE RECORDER OF DALLAS COUNTY. IOWA.
INCLUDES PARCEL #1617100001, 1617100027
WHEREAS, the proposed Southwest Business Park Urban Renewal Area includes land
classified as agricultural land and consequently written permission of the current owners has
been obtained; and
WHEREAS, it is desirable that the Urban Renewal Area be redeveloped as described in
the proposed Southwest Business Park Urban Renewal Plan to be known hereafter as the
"Southwest Business Park Urban Renewal Plan"; and
WHEREAS, the Iowa statutes require the City Council to submit the proposed Southwest
Business Park Urban Renewal Plan to the Planning and Zoning Commission for review and
recommendation as to its conformity with the general plan for development of the City as a
whole, prior to City Council approval thereof; and
WHEREAS, creation of the Southwest Business Park Urban Renewal Area and adoption
of the Southwest Business Park Urban Renewal Plan therefore has been approved by the
Planning and Zoning Commission for the City as being in conformity with the general plan for
development of the City as a whole, as evidenced by its written report and recommendation filed
herewith, which report and recommendation is hereby accepted, approved in all respects and
incorporated herein by this reference; and
WHEREAS, by resolution adopted on September 18, 2017, this Council directed that a
consultation be held with the designated representatives of all affected taxing entities to discuss
the proposed Southwest Business Park Urban Renewal Plan and the division of revenue
described therein, and that notice of the consultation and a copy of the proposed Southwest
Business Park Urban Renewal Plan be sent to all affected taxing entities; and
WHEREAS, pursuant to such notice, the consultation was duly held as ordered by the
City Council and all required responses to the recommendations made by the affected taxing
entities, if any, have been timely made as set forth in the report of the Development Services
Director, or his delegate, filed herewith and incorporated herein by this reference, which report is
in all respects approved; and
WHEREAS, by resolution this Council also set a public hearing on the adoption of the
proposed Southwest Business Park Urban Renewal Plan for this meeting of the Council, and due
and proper notice of the public hearing was given, as provided by law, by timely publication in
the Dallas County News, which notice set forth the time and place for this hearing and the nature
and purpose thereof; and
WHEREAS, in accordance with the notice, all persons or organizations desiring to be
heard on the proposed Southwest Business Park Urban Renewal Plan, both for and against, have
been given an opportunity to be heard with respect thereto and due consideration has been given
to all comments and views expressed to this Council in connection therewith and the public
hearing has been closed.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY
OF WAUKEE, STATE OF IOWA:
Section 1. That the findings and conclusions set forth or contained in the proposed
"Southwest Business Park Urban Renewal Plan" for the area of the City of Waukee, State of
Iowa, legally described and depicted in the Plan and incorporated herein by reference (which
area shall hereinafter be known as the "Southwest Business Park Urban Renewal Area"), be and
the same are hereby adopted and approved as the findings of this Council for this area.
Section 2. This Council further finds:
a) Although relocation is not expected, a feasible method exists for the relocation
of any families who will be displaced from the Southwest Business Park Urban Renewal
Area into decent, safe and sanitary dwelling accommodations within their means and
without undue hardship to such families;
b) The Urban Renewal Plan conforms to the general plan for the development of
the City as a whole; and
c) Acquisition by the City is not immediately expected, however, as to any areas
of open land to be acquired by the City included within the Southwest Business Park
Urban Renewal Area:
i. Residential use is not expected, however, with reference to any portions
thereof which are to be developed for residential uses, this City Council hereby
determines that a shortage of housing of sound standards and design with
decency, safety and sanitation exists within the City; that the acquisition of the
area for residential uses is an integral part of and essential to the program of the
municipality; and that one or more of the following conditions exist:
a. That the need for housing accommodations has been or will be
increased as a result of the clearance of slums in other areas, including
other portions of the urban renewal area.
b. That conditions of blight in the municipality and the shortage of
decent, safe and sanitary housing cause or contribute to an increase in and
spread of disease and crime, so as to constitute a menace to the public
health, safety, morals, or welfare.
c. That the provision of public improvements related to housing
and residential development will encourage housing and residential
development which is necessary to encourage the retention or relocation of
industrial and commercial enterprises in this state and its municipalities.
d. The acquisition of the area is necessary to provide for the
construction of housing for low and moderate income families.
ii. Non-residential use is expected and with reference to those portions
thereof which are to be developed for non-residential uses, such non-residential
uses are necessary and appropriate to facilitate the proper growth and
development of the City in accordance with sound planning standards and local
community objectives.
Section 3. That the Southwest Business Park Urban Renewal Area is an economic
development area within the meaning of Iowa Code Chapter 403; that such area is eligible for
designation as an urban renewal area and otherwise meets all requisites under the provisions of
Chapter 403 of the Code of Iowa; and that the rehabilitation, conservation, redevelopment,
development, or a combination thereof, of such area is necessary in the interest of the public
health, safety or welfare of the residents of this City.
Section 4. That the Southwest Business Park Urban Renewal Plan, attached hereto as
Exhibit 1 and incorporated herein by reference, be and the same is hereby approved and adopted
as the "Southwest Business Park Urban Renewal Plan for the Southwest Business Park Urban
Renewal Area"; the Southwest Business Park Urban Renewal Plan for such area is hereby in all
respects approved; and the City Clerk is hereby directed to file a certified copy of the Southwest
Business Park Urban Renewal Plan with the proceedings of this meeting.
Section 5. That, notwithstanding any resolution, ordinance, plan, amendment or any other
document, the original Southwest Business Park Urban Renewal Plan shall be in full force and
effect from the date of this Resolution until the Council amends or repeals the Plan. Said
Southwest Business Park Urban Renewal Plan shall be forthwith certified by the City Clerk,
along with a copy of this Resolution, to the Recorder for Dallas County, Iowa, to be filed and
recorded in the manner provided by law.
PASSED AND APPROVED this 16th day of October, 2017.
Mayor
ATTEST:
City Clerk
Label the Plan as Exhibit 1 (with all exhibits) and attach it to this Resolution.
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SOUTHWEST BUSINESS PARK URBAN
RENEWAL PLAN
for the
SOUTHWEST BUSINESS PARK
URBAN RENEWAL AREA
WAUKEE, IOWA
October 2017
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TABLE OF CONTENTS
SECTION
A. INTRODUCTION
B. DESCRIPTION OF THE URBAN RENEWAL AREA
C. AREA DESIGNATION
D. BASE VALUE
E. DEVELOPMENT PLAN
F. PLAN OBJECTIVES
G. TYPE OF RENEWAL ACTIVITIES
H. PROPOSED PROJECTS
I. FINANCIAL DATA
J. AGREEMENT TO INCLUDE AGRICULTURAL LAND
K. URBAN RENEWAL FINANCING
L. PROPERTY ACQUISITION/DISPOSITION
M. RELOCATION
N. STATE AND LOCAL REQUIREMENTS
O. URBAN RENEWAL PLAN AMENDMENTS
P. EFFECTIVE PERIOD
Q. SEVERABILITY
EXHIBITS
A. LEGAL DESCRIPTION OF AREA
B. URBAN RENEWAL AREA MAP
C. AGREEMENT TO INCLUDE AGRICULTURAL LAND
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Urban Renewal Plan
Southwest Business Park Urban Renewal Area
City of Waukee, Iowa
A. INTRODUCTION
This Southwest Business Park Urban Renewal Plan (“Plan” or “Urban Renewal
Plan”) has been 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”) intends to undertake Urban
Renewal activities pursuant to the powers granted to it under Chapter 403 and
Chapter 15A of the Code of Iowa, as amended.
B. DESCRIPTION OF THE URBAN RENEWAL AREA
The Southwest Business Park Urban Renewal Area (“Area” or “Urban Renewal
Area”) is described in Exhibit A and illustrated in Exhibit B.
The City reserves the right to modify the boundaries of the Area at some future
date.
C. AREA DESIGNATION
With the adoption of this Plan, the City of Waukee designates this Southwest
Business Park Urban Renewal Area as an economic development district that is
appropriate for the promotion of new commercial and light industrial
development.
D. BASE VALUE
If the Southwest Business Park Urban Renewal Area is legally established, a Tax
Increment Financing (TIF) Ordinance is adopted and debt is certified prior to
December 1, 2017, the taxable valuation within the area included in the TIF
Ordinance as of January 1, 2016 will be considered the frozen “base valuation.” If
debt is not certified until a later date or if a TIF ordinance is not adopted until
later, the “base value” will be the assessed value of the taxable property within the
TIF Ordinance area as of January 1 of the calendar year preceding the calendar
year in which the City first certifies the amount of any debt on the Area.
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E. DEVELOPMENT PLAN
Waukee has a general plan for the physical development of the City as a whole
outlined in the Waukee Comprehensive Plan, adopted by the City on March 10,
2008 and last amended in September 2017. The goals and objectives of this
Urban Renewal Plan, including the urban renewal projects, are in conformity with
the City’s Comprehensive Plan.
The Urban Renewal Area is currently zoned commercial and light industrial. This
Urban Renewal Plan does not in any way replace or modify 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
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.
F. PLAN 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 Southwest Business Park Urban
Renewal Area are as follows:
1. To achieve a diversified, well-balanced economy providing a
desirable standard of living, creating job opportunities, and
strengthening the tax base.
2. To plan for and provide sufficient land for commercial and industrial
development in a manner that is efficient from the standpoint of
providing municipal services.
3. To provide for the installation of public works and facilities
including, but not limited to, water, sanitary sewer and other public
improvements, which contribute to the revitalization of the area and
to the sound development of the entire City.
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4. To encourage commercial and industrial growth and expansion
through governmental policies which make it economically feasible
to do business.
5. To provide a more marketable and attractive investment climate
through the use of various federal, state and local incentives.
6. To stimulate, through public action and commitment, private
investment in new and existing commercial and/or industrial
development.
7. To improve the conditions and opportunities for economic
development, both commercial and industrial.
8. To help develop a sound economic base that will serve as the
foundation for future growth and development.
9. To improve recreational, tourism, cultural, and educational
opportunities.
10. To enhance the Waukee community by fostering an entrepreneurial
climate, diversifying the local economy, encouraging opportunities
for new businesses, and supporting retention of existing businesses.
G. 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. New, rehabilitated, converted, or expanded industrial uses within the
Area.
2. New, rehabilitated, converted, or expanded commercial uses within the
Area.
General development activities by the City in the Southwest Business Park Urban
Renewal Area may include:
1. To undertake and carry out urban renewal projects through the
execution of contracts and other instruments.
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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.
3. To provide for the construction of 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 redevelop-
ment.
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.
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H. PROPOSED PROJECTS
Although certain project activities may occur over a period of years, the Proposed
Urban Renewal Projects under this Plan include:
1) Development Agreements:
a. Agreement with 117 Land Company LLC and RJ Landscaping. The
City anticipates entering into a Development Agreement (the "Agreement") with
117 Land Company, LLC (the “Developer”) and RJ Landscaping (the
"Employer"). The Agreement would obligate the Developer to construct certain
Public Improvements (as defined in the Agreement) on certain property with the
Area (“Development Property”). The Agreement would further obligate the
Employer to complete Minimum Improvements (as defined in the Agreement) on
a portion of the Development Property, and to employ employees therein. The
Agreement would obligate the City to make two (2) annual payments of Economic
Development Grants to Employer and eight (8) 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. The Agreement contemplates additional
Economic Development Grants to Developer as additional parcels of the
Development Property develops, up to a cumulative total for all such payments to
Developer not to exceed the lesser of the cost of the Public Improvements or
$1,150,000. The cost of the Economic Development Grants to Employer shall not
exceed $150,000.
b. 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
$2,500,000.
2) Related Planning Costs:
Planning, engineering fees for planning work, and legal fees to support
proposed urban renewal projects are estimated not to exceed $50,000
I. FINANCIAL DATA
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1. July 1, 2017, constitutional debt limit: $80,529,812
2. Current outstanding general obligation debt: $61,424,472
3. Proposed amount of indebtedness to be incurred:
A specific amount of debt to be incurred for the
Proposed Urban Renewal Projects 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 Proposed Urban
Renewal Projects as described above will be
approximately:
$3,850,000
J. AGREEMENT TO INCLUDE AGRICULTURAL LAND
Agricultural land owners affected by the Waukee West Urban Renewal Area have
entered into an agreement in which they have agreed to allow the City to include
their real property defined as “Agricultural Land” in the Urban Renewal Area in
accordance with Iowa Code Section 403.17(3). A copy of the agreement of each
agricultural land owner within the Urban Renewal Area has signed is attached as
Exhibit C. The original signed agreements are on file at the City Clerk’s office.
K. 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
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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 eligible 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.
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 urban renewal projects
for commercial or 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 Areas.
Alternatively, the City may determine to use available funds for
making such loans or grants for urban renewal projects. In any
event, the City may determine to use tax increment financing to
reimburse the City for any obligations or advances.
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 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.
C. Other City Lawful Powers
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.
L. PROPERTY ACQUISITION/DISPOSITION
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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.
M. 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.
N. 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.
O. URBAN RENEWAL PLAN AMENDMENTS
This Urban Renewal Area 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 modify goals 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.
P. EFFECTIVE PERIOD
This Urban Renewal Plan will become effective upon its adoption by the City
Council and will remain in effect as a Plan until it is repealed by the City Council.
With respect to the property included within the Southwest Business Park Urban
Renewal Area, which is also 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 beginning with the first 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 revenues attributable to that property
within a TIF ordinance of the Southwest Business Park Urban Renewal Area. The
division of revenues shall continue on the Urban Renewal Area for the maximum
period allowed by law.
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It is also anticipated that separate TIF ordinances for separate parcel(s) may be
adopted as development in the Area warrants. In this case, each separate TIF
ordinance may have a separate base and separate sunset or expiration date.
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 Southwest Business Park Urban Renewal Area
shall be limited as deemed appropriate by the City Council and consistent with all
applicable provisions of law.
Q. SEVERABILITY
If any part of the Plan is determined to be invalid or unconstitutional, such
invalidity or unconstitutionality shall not affect the validity of the Plan as a whole,
or any part of the Plan not determined to be invalid or unconstitutional.
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EXHIBIT A
LEGAL DESCRIPTION OF AREA
The Southwest Business Park Urban Renewal Area is described as follows:
DEED RECORDED IN BOOK 2017 PAGE 4888
LOT THREE (3) OF THE AUDITOR'S PLAT OF THAT PART OF THE
NORTHWEST QUARTER (NW1/4) OF THE NORTHWEST QUARTER (NW1/4) OF
SECTION 17 IN TOWNSHIP 78 NORTH, OF RANGE 26 WEST OF THE 5TH P.M.,
DALLAS COUNTY, IOWA, EXCEPT COMMENCING AT THE NW CORNER OF
SEC. 17-T78N-R26W OF THE 5TH P.M., DALLAS COUNTY, IOWA, THENCE S
00°00' 658.43 FEET ALONG THE SECTION LINE TO THE POINT OF BEGINNING,
THENCE CONTINUING S 00°00' 87.17 FEET, THENCE S 89°12'E 382.70 FEET,
THENCE S 06°12'E 130.00 FEET, THENCE S 84°35'E 225.61 FEET, THENCE N
02°55'W 30.62 FEET, THENCE N 73°50'E 338.22 FEET, THENCE N 02°55'W 128.79
FEET, THENCE N 73°50'E 400.92 FEET TO THE CENTERLINE OF A COUNTY
ROAD, THENCE N 00°50'E 75.00 FEET ALONG SAID CENTERLINE, THENCE S
73°50'W 423.54 FEET, THENCE N 02°55'W 568.48 FEET TO THE SOUTH RIGHT
OF WAY LINE OF INTERSTATE NO. 80, THENCE N 85°04'W 315.13 FEET ALONG
SAID RIGHT OF WAY LINE, THENCE S 02°55'E 676.50 FEET, THENCE N 89°50'W
609.02 FEET TO THE POINT OF BEGINNING;
PARCEL "A" OF THE SURVEY OF ALL OF LOT 4 AND PART OF LOT 3 OF THE
AUDITOR'S PLAT OF THE NW 1/4 OF THE NW 1/4 OF SECTION 17, TOWNSHIP
78 NORTH, RANGE 26 WEST OF THE 5TH P.M., ALL BEING IN AND FORMING
A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, AS SHOWN IN
BOOK 2004, PAGE 5051, IN THE OFFICE OF THE RECORDER OF DALLAS
COUNTY. IOWA.
INCLUDES PARCEL #1617100001, 1617100027
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EXHIBIT C
AGREEMENT TO INCLUDE AGRICULTURAL LAND
IN THE SOUTHWEST BUSINESS PARK URBAN RENEWAL AREA
WHEREAS, the City of Waukee, Iowa, (the “City”) has proposed the Southwest
Business Park Urban Renewal Plan (“Plan”) for the Southwest Business Park Urban
Renewal Area (the “Urban Renewal Area”), pursuant to Chapter 403 of the Code of
Iowa, in order to undertake activities authorized by that Chapter; and
WHEREAS, it has been proposed that the boundaries of the Area will include
certain property designated in the Southwest Business Park Urban Renewal Plan
(“Property”); and
WHEREAS, Section 403.17(10) of the Code of Iowa provides that no property
may be included in an urban renewal area which meets the definition in that Section of
“agricultural land,” until the owners of such property agree to include such property in
such urban renewal area; and
WHEREAS, it has been determined that the portion of the Property owned by the
Agricultural Land Owner below meets the definition of “agricultural land” in Section
403.17(3) of the Code of Iowa;
NOW, THEREFORE, it is hereby certified and agreed by the Agricultural Land
Owner as follows:
1. The Agricultural Land Owner hereby certifies that he/she is the owner of
certain property within the proposed Urban Renewal Area and agrees that the City of
Waukee, Iowa, may include such property within the Urban Renewal Area.
2. The Agricultural Land Owner further authorizes the governing body of the
City of Waukee, Iowa, to pass any resolution or ordinance necessary to designate said
property as part of the Urban Renewal Area under Chapter 403 of the Code of Iowa, and
to proceed with activities authorized under said Chapter.
DATED this _____ day of _______________, 2017.
Agricultural Land Owner’s Name:
__________________________________
Signature:
Date:
Witness:
Agricultural Land Owner’s Name:
__________________________________
Signature:
Date:
Witness:
Approved by the Waukee City Council on the ____ day of ____________, 2017.
_____________________________________
Mayor
Attest: City Clerk
______________________________