Loading...
HomeMy WebLinkAbout2021-11-15-G03 Waukee Consolidated URP Amendment 5_PH AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 15, 2021 AGENDA ITEM: Public Hearing on a proposed Urban Renewal Plan for an Amendment No. 5 of the Waukee Consolidated Urban Renewal Plan in the City of Waukee, State of Iowa FORMAT: Public Hearing SYNOPSIS INCLUDING PRO & CON: The City Council adopted Amendment No. 1 to the Waukee Consolidated Urban Renewal Plan in early November 2019 followed by Amendment No. 2 in January 2020 and Amendment No. 3 in July 2020 and Amendment No. 4 in November 2021. The proposed Amendment No. 5 includes the addition of certain property to the Urban Renewal Area. The amendment also includes an update to the list of previously approved projects as well as an update to the list of eligible urban renewal projects. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff held a consultation meeting with the County and the affected school district(s) involved in the Plan area to review the proposal on October 25, 2021. No one attended the meeting. RECOMMENDATION: Hold the Public Hearing. ATTACHMENTS: I. Proposed Amendment No. 5 to Waukee Consolidated Urban Renewal Plan PREPARED BY: Brad Deets, Assistant City Administrator REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: Dallas County News DATE OF PUBLICATION: November 4, 2021 G3 - 1 - FINAL 101221 AMENDMENT NO. 5 to the WAUKEE CONSOLIDATED URBAN RENEWAL PLAN for the WAUKEE CONSOLIDATED URBAN RENEWAL AREA Gateway Economic Development Urban Renewal Area, Waukee West Urban Renewal Area, and Waukee Central Urban Renewal Area CITY OF WAUKEE, IOWA Amendment No. 1 – November 2019 Amendment No. 2 – January 2020 Amendment No. 3 – July 2020 Amendment No. 4 – November 2020 Amendment No. 5 – November 2021 - 2 - FINAL 101221 AMENDMENT NO. 5 to WAUKEE CONSOLIDATED URBAN RENEWAL PLAN CITY OF WAUKEE, IOWA INTRODUCTION The City of Waukee, Iowa (the “City”) adopted Amendment No. 1 to the Waukee Consolidated Urban Renewal Plan (“Plan” or “Urban Renewal Plan”) by Resolution No. 19-402 on November 4, 2019, in order to consolidate the City’s previously established Gateway Economic Development Urban Renewal Area, Waukee West Urban Renewal Area, and Waukee Central Urban Renewal Area into the Waukee Consolidated Urban Renewal Area (“Area” or “Urban Renewal Area”). The Urban Renewal Plan was amended in January 2020 (Amendment No. 2), July 2020 (Amendment No. 3) and November 2020 (Amendment No. 4). The Plan is being further amended by this Amendment No. 5 (“Amendment” or “Amendment No. 5”) to add real estate to the Area to the extent described hereinafter, and to add and/or confirm the list of previously approved projects and the list of eligible urban renewal projects. The material changes made by this Amendment No. 4 are the following: • The addition of the Area described as “Amendment No. 5 Area”; • Previously Approved Urban Renewal Projects is updated and revised, page 3; • Eligible Projects is updated and revised, page 8; • Financial Data is updated and revised, page 9; • Exhibit A contains a legal description of the property being added (“Amendment No. 5 Area”); • Exhibit B contains a Map of the Waukee Consolidated Urban Renewal Area including the Amendment No. 5 Area. • Exhibit C is an Agreement to include Agricultural Land within the Amendment No. 5 Area. Except as modified by this Amendment, the provisions of the 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 - 3 - FINAL 101221 control. Any subsections in the Plan, as previously amended, not mentioned in this Amendment shall continue to apply to the Plan, as amended. DESCRIPTION OF THE URBAN RENEWAL AREA The legal description of the property being added to the Waukee Consolidated Urban Renewal Area is attached hereto as Exhibit “A”. A map of the Amendment No. 5 Area is attached as Exhibit “B”. AREA DESIGNATION The City of Waukee continues to designate the Urban Renewal Area, including the Amendment No. 5 Area, as an area that is appropriate for the promotion of economic development, both commercial and industrial. DEVELOPMENT PLAN Waukee has a general plan for the physical development of the City as a whole outlined in the Waukee Comprehensive Land Use Plan, adopted in 2019. This Urban Renewal Plan, as amended by Amendment #5, is in conformity with the 2019 Comprehensive Plan, and the land use policy and priorities that were adopted as part of the planning process. This Urban Renewal Amendment 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 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. UPDATE TO PREVIOUSLY APPROVED URBAN RENEWAL PROJECTS Numerous urban renewal projects were authorized prior to the date of this Amendment No. 5. These previously authorized projects included but are not limited to the following projects which have been initiated and are continuing: - 4 - FINAL 101221 1) Public Improvements Project Bond Reference Balance as of July 1, 2021 Kettlestone Greenbelt Phase II, Kettlestone Boulevard Extension and Traffic Signal, ADA Sidewalk Transition Project, Traffic Signal Enhancement Project 2019A GO Urban Renewal $1,892,950.00 NW 10th Street Widening – Hickman Road to Douglas Pkwy and NW Sunrise Expansion – NW 10th Street to NW 6th Street 2020A GO Urban Renewal $14,840,813.00 NW Sunrise Drive Expansion from NW 6th Street to NW 2nd Street, NW Douglas Pkwy Expansion from NW 10th Street to NW 2nd Street, NW 2nd Street Expansion from W Hickman Road to NW Douglas Pkwy, Ashworth Road/Ute Avenue Intersection Improvements, Grand Prairie Pkwy/Ashworth Road Intersection Improvements, SE Laurel Street Extension west of SE Alice’s Road 2021A GO Urban Renewal $3,748,072.00 TOTAL $20,481,835 Numerous urban renewal projects were included in Amendment No. 4 and preceding amendments. These previously authorized projects include but are not limited to the following projects, which have been initiated, however, no tax increment financing is anticipated to be utilized in the financing of the projects: Project Completion Date/Estimate d Completion Date Estimated Cost Rationale Northwest Area Water Main Extension from University Avenue/6th Street to T Avenue/Hickman Road (multiple phases) 2019 $2,000,000 - $4,000,000 Necessary water utility expansion to support commercial/industrial development expansion Northwest Area Sanitary Trunk Sewer Extension from University Avenue/6th Street to T Avenue/Hickman Road 2019 $2,000,000 - $4,000,000 Necessary sanitary sewer utility expansion to support commercial/industrial development expansion Alice’s Road Expansion Phase 1 (University to Olson) 2018 $6,500,000 - $8,000,000 Commercial Corridor Roadway Expansion Alice’s Road Expansion Phase 2 (Olson to Horizon) 2019 $7,500,000 - $9,000,000 Commercial Corridor Roadway Expansion TOTAL $18,000,000 - $25,000,000 Note: This total does not include financing costs related to debt issuance - 5 - FINAL 101221 Numerous urban renewal projects were included in Amendment No.4 and preceding amendments, but have not yet been initiated. These previously authorized projects include but are not limited to the following (with updates as applicable): 1) Public Improvements Urban Renewal Project Description Estimated Date Estimated Cost Rationale Grand Prairie Parkway (Interstate 80 to University) Streetscape Enhancements – landscaping, trails, underpass enhancements, signage 2021-2025 $2,000,000 - $4,000,000 Commercial Corridor Roadway Expansion Public Safety Facility. Construct and equip a municipal public safety facility with fire and police services and install all needed utilities and sewers, bike/pedestrian trails, street lights, traffic signals and signage, streets, turn lanes, and other projects associated with said public safety facility, as well as purchase/acquire any real or personal property necessary for the construction and operation of said public safety facility. 2022-2025 $25,000,000 - $35,000,000 A public safety facility with fire and police services will help protect the anticipated investments of future commercial and industrial developments, as well as protect the motoring public in the area. See Amendment No. 1 to the Waukee Consolidated Urban Renewal Plan for the Public Building Analysis previously provided for this project. Douglas Parkway (280th Street) Extension – T Avenue to S Avenue 2022 - 2030 $13,000,000 - $20,000,000 Commercial/Industrial Corridor Roadway Expansion University Avenue (300th Street) Extension – 10th Street to R-16 2021 - 2030 $28,000,000 - $35,000,000 Commercial/Industrial Corridor Roadway Expansion T Avenue Widening – Douglas Parkway to University Avenue 2022 - 2028 $25,000,000 - $30,000,000 Commercial/Industrial Corridor Roadway Expansion Civic Land Purchase. Purchase of approximately 225 acres to allow for the future relocation and consolidation of several municipal services including City Hall and the Public Library as well as the development of new services and amenities 2019 - 2024 $9,000,000 - $11,000,000 Consolidation of City services and the development of civic amenities, which will provide a centralized gathering location within the community which will promote and generate the need for surrounding private economic development to - 6 - FINAL 101221 which could include a recreation center, ice arena, amphitheater and other park amenities service the activities within the civic campus development. A Public Building Analysis for this project was included in Amendment #1 to the Waukee West Urban Renewal Plan. S Warrior Lane Widening – University Avenue to Ashworth Drive 2022 - 2025 $5,000,000 - $8,000,000 Expansion of existing collector roadway Corridor that serves a number of school and City facilities. The Corridor is currently insufficient in size and creates a number of delays and safety concerns including concerns related to police/fire response times. The roadway serves as a major collector roadway which when expanded and extended will allow for additional commercial economic development activity. University Avenue Widening and Extension – LA Grant Parkway to 10th Street 2021 - 2026 $45,000,000 - $60,000,000 Commercial/Industrial Corridor Roadway Expansion Ashworth Road Widening – LA Grant Parkway to Waco Place 2021-2025 $15,000,000 - $20,000,000 Expansion of existing arterial roadway Corridor that serves a number of school facilities as well as the larger regional transportation network. The Corridor is currently insufficient in size and creates a number of delays and safety concerns including concerns related to police/fire response times. The roadway serves as a major arterial roadway which when expanded and extended will allow for additional commercial economic development activity. Total Range of $167,000,000 to $223,000,000 - 7 - FINAL 101221 2) Development Agreements: A. Development Agreement with Midtown Waukee Holdings, LLC: The City previously approved a development agreement (“Original Agreement”) with Midtown Waukee Holdings, LLC (“Original Developer”), under the Development Agreements (Future) project authorization included in Amendment No. 1 to the Plan, which project description was updated in Amendment No. 2 to the Plan. Pursuant to the Original Agreement, Original Developer agreed to construct six commercial buildings comprising an approximately 255,000 square feet entertainment district, together with all related site improvements (the “Original Minimum Improvements”), on certain real property located within the Urban Renewal Area. In consideration for Original Developer’s obligations under the Original Agreement, the City agreed to make up to twelve (12) annual payments to Original Developer, each consisting of 80% of the Tax Increments pursuant to the Iowa Code Section 403.19 and generated by the construction of the Original Minimum Improvements, under the terms and following satisfaction of the conditions set forth in the Original Agreement, up to a cumulative total for all such payments to Original Developer not to exceed $19,700,000. The City entered into an Amended and Restated Agreement, which replaced the Original Agreement. The property subject to the Original Agreement was transferred to The Quarter at Waukee, L.L.C, which will now be the developer of the project (“Developer”). The Amended and Restated Agreement included changes to the parties, description of the Development Property and Minimum Improvements, and to the terms for construction, assessed value and operation of the Minimum Improvements on the Development Property. Additional property was added to the Development Property to support the project, which additional property was acquired by Waukee Prairie Apartments LLC. Subject to the terms and conditions set forth in the Amended and Restated Agreement, the City would provide Developer with Economic Development Grants to incentivize a total of an anticipated eighteen (18) commercial buildings and related site improvements, with a total investment of approximately $100,000,000. The City expected to make Economic Development Grants to Developer in the form of rebates of varying percentages of incremental taxes generated by the separate buildings over a period of twelve (12), sixteen (16) or twenty (20) years, depending on the nature of the specific commercial building as described in the Amended and Restated Agreement. The cumulative total of all such grants was not exceed $32,500,000 and were subject to the terms and conditions of a detailed development agreement. The City anticipates entering into a Second Amended and Restated Agreement for Private Development (“Second Amended Agreement”) with The Quarter at Waukee, L.L.C. to reflect additional changes to the parties, description of the Development Property and Minimum Improvements, and to the terms for construction, assessed value and operation of the Minimum Improvements on the Development Property. The anticipated changes include the removal of Waukee Prairie Apartments, LLC as an additional property owner together with the additional property acquired or to be acquired by Waukee Prairie Apartments, LLC which was included in the Amended and Restated Agreement. Other changes anticipated include the addition of property intended for the development of overflow parking and to the terms for construction, assessed value and operation of the Minimum Improvements on the Development Property. Subject to the terms and conditions set forth in the Second Amended and Restated Agreement, the City would provide Developer with Economic Development Grants to incentivize a total of an anticipated seventeen (17) commercial buildings and related site improvements, with a total investment of approximately $94,000,000. The City anticipates making Economic Development Grants to - 8 - FINAL 101221 Developer in the form of rebates of varying percentages of incremental taxes generated by separate buildings over a period of twelve (12), sixteen (16) or twenty (20) years, depending on the nature of the specific commercial building as described in the Second Amended and Restated Agreement. The cumulative total of all such grants is anticipated to not exceed $34,002,834 and would be subject to the terms and conditions of a detailed development agreement. ELIGIBLE URBAN RENEWAL PROJECTS (Amendment No. 5) Although certain project activities may occur over a period of years, the Eligible Urban Renewal Projects under this Amendment No. 5 include: 1) Public Improvements: Urban Renewal Project Description Estimated Date Estimated Cost Rationale NW 10th Street/NW Douglas Parkway Traffic Signal 2022-2024 $500,000 - $1,000,000 Necessary intersection and safety improvements due to development of adjoining youth sports complex and Waukee Northwest High School. Grand Prairie Pkwy/SE Tallgrass Lane Traffic Signal 2022-2024 $500,000 - $1,000,000 Necessary intersection and safety improvements due to adjoining commercial development along Grand Prairie Parkway. Total Range of $1,000,000 - $2,000,000 2) Development Agreements (future): A. Future Development Agreements: The City expects to consider requests for development agreements for projects that are consistent with the 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 the 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 $15,000,000 - $30,000,000. - 9 - FINAL 101221 B. Planning, engineering fees for planning work, attorney fees, other related costs to support urban renewal projects and planning Project Date Estimated Cost Fees and costs Undetermined Not to exceed $1,000,000 FINANCIAL DATA 1. July 1, 2021, constitutional debt limit: $118,834,828 2. Current outstanding general obligation debt: $93,002,459 3. Proposed amount of indebtedness to be incurred (Amendment No. 5): A specific amount of debt to be incurred for the Eligible Urban Renewal Projects (Amendment No. 5) described in this Amendment has not yet been determined. This document is for planning purposes. The estimated project costs in this Amendment 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 No. 5) as described above will be approximately: $17,000,000 – $33,000,000 This estimate does not include financing costs which may be incurred over the life of the Plan AGREEMENTS TO INCLUDE AGRICULTURAL LAND Because some of the area included in the Amendment No. 5 Area contains land that is defined as "agricultural land" by Iowa Code Section 403.17(3), the property owner has 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 copy of the agreement is attached as Exhibit "C”. The original signed agreement will be on file at the City Clerk's office. REPEALER AND SEVERABILITY Any parts of the Urban Renewal Plan in conflict with this Amendment No. 5, are hereby repealed. - 10 - FINAL 101221 In the event one or more provisions contained in the Urban Renewal Plan or this Amendment No. 5 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 the Plan or this Amendment No. 5, and the Plan and this Amendment No. 5 shall be construed and implemented as if such provisions had never been contained herein. EFFECTIVE PERIOD This Amendment No. 5 will become effective upon its adoption by the City Council. The Urban Renewal Plan, as amended, shall remain in effect until repealed by the City Council. During the life of the Plan, the City Council may designate by ordinance all or any portion of the property covered by the 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. It is anticipated that separate ordinances for separate tax increment areas may be adopted as development in the Area warrants, in which case each separate tax increment area may have a separate base and separate sunset. The division of revenues shall continue within any tax increment area, for the maximum period allowed by law. - 11 - FINAL 101221 EXHIBIT “A” “Amendment No. 5 Area Addition” – Property to be Added to Waukee Consolidated Urban Renewal Area Legal Description Parcel Z, an irregular shaped portion of the South half of Section 28, Township 79 North, Range 26 West of the 5th P.M., Waukee, Dallas County, Iowa as described in plat of survey recorded in Book 2011 Page 16803 (Parcel No. 1228400011), and, A parcel of land as described within the Warranty Deed recorded in Book 2018 Page 22324, City of Waukee, Dallas County, Iowa and legally described as follows: The first parcel of land is an irregular shaped tract of land lying South of the present U.S. Highway No. 6, North of the proposed relocation of U.S. Highway No. 6, East of the present location of Ashworth Drive, and. West of the proposed relocation of U.S. Highway No. 6 which is described as follows: Beginning at the NW Corner of Section 33, Township 79 North, Range 26 West of the 5th P.M., Waukee, Dallas County, Iowa, thence South 50.0 feet, thence East 40.0 feet to the SE Corner of U.S. Highway No. 6 and Ashworth Drive, as both are presently established, and to the point of beginning, thence S10⁰06’E, 33.98 feet to the beginning of a curve, thence. Southeasterly along a 185.43 foot radius curve to the left 9.3 feet, thence N63⁰17’E 72.38 feet to a point which is 60,0 feet South the center line of U.S. Highway No 6, as presently established, thence Northwesterly along a 613.0 foot radius curve to the left, 19.3 feet to a point which is 50.00 feet South of the center line of U.S, Highway No. 6, as presently established, thence West 56.0 feet to the point of beginning. All bearings noted in this legal description are based upon a bearing of N90°00'W for the centerline of US. Highway No. 6 looking West from the NW Corner of said Section 33. The. Second parcel of land is an irregular shaped parcel of land lying between the present right-of-way of Ashworth Drive and the proposed old relocation of U.S. Highway No. 6. The original right-of-way deeds, as prepared for the Iowa State Highway Commission are in error because they overlap into the established right of-way of Ashworth Drive, Therefore, I have made a slight revision to these legal descriptions and this irregular shaped parcel of land is described as follows: Commencing at the NW Corner of Section 33, Township 79 North, Range 26 West of the 5th P.M., Waukee, Dallas County, Iowa, thence S10°32’E 90.4 feet along the center line of Ashworth Drive, as presently established to the beginning of a curve, thence Southeasterly along- a 215,43 foot radius curve to the left, 187.22 feet to the end of said curve, thence S60⁰20’E 263.5 feet, all along the center line of Ashworth Drive, as presently established, thence N00⁰00’E 34.3 feet to the point of beginning, thence N60⁰20'W 246.41 feet to the beginning of a curve, thence Northwesterly along a 185.43 foot radius curve to the right 125.06 feet, all along the Northerly right-of-way line of Ashworth. Drive, as presently established, and parallel to and 30.0 feet normally distant from said center line of said Ashworth Drive, thence Southeasterly along a 533.0 foot radius curve to the right 158.4 feet, parallel to and 40.0 feet normally distant from and Southwesterly from the centerline of the proposed "Old" Relocation of US. Highway No. 6, to the end of said curve, said point being 40.0 feet normally distant from center line Station. 1374+83.9, thence S41⁰30’E 3.0 feet, thence S60°35 ½’E 198.0 feet, thence S00°00’E 13.45 feet to the point of beginning. All - 12 - FINAL 101221 bearings noted in this legal description are based upon a bearing of N90⁰00'W for the center line of U.S. Highway No. 6 looking West from the NW Corner of said Section 33. Again it is not clear who owns this irregular shaped strip of land, but it lies between the present right-of-Way of Ashworth Drive, as presently established and the proposed "Old" right-of-way of the relocated U.S. Highway No, 6. The third parcel of land is an irregular shaped parcel of land which in part. is the proposed "Old" right-of-way for the relocated U.S. Highway No. 6. This right-of-way is described as follows; Beginning at the NW Corner of Section 33„ Township 79 North, Range 26 West of the 5th P.M., Waukee, Dallas County, Iowa, thence South 50,0 feet, thence East 40.0 feet to the SE Corner of US. Highway No. 6 and. Ashworth Drive, as both are presently established, thence S10°06’E 33,98 feet to the beginning of a curve, thence Southeasterly along a 185.43 foot radius curve to the left 9.3 feet to the point of beginning, thence N63⁰17’E 72.38 feet to a point which is 60.0 feet South of the center line of U.S. Highway No. 6, thence Southeasterly along a 613.0 foot radius curve to the right 163.8 feet, parallel to and 40.0 feet normally distant from the Northeasterly of the center line of the proposed "Old" center line relocation of U.S. Highway No. 6, said point being 40.0 feet normally distant from center line Station 1374+83.9, thence S41°30’E 172.9 feet to a point which is 40.0 feet normally distant from center line Station 1376+56.8, thence S00°00’E 23.0 feet, thence N60°35 ½’W 198.0 feet, thence N41°30'W 3.0 feet to a point which is 40.0 feet normally distant from center line Station 1374+83.9, thence Northwesterly along a 533.0 foot radius curve to the left and -parallel to and 40.0 feet normally distant from and Southwesterly from the center line of the proposed "Old" relocation of US. Highway No. 6, 158.4 feet to a point which is 30.0 feet normally distant from the center line of Ashworth Drive, as presently established, thence Northwesterly along a 185.43 foot radius curve to the right, parallel to and 30.0 feet normally distant from the center line of Ashworth Drive, as presently established 26,8 feet: to the point of beginning, All bearings noted in this legal description are based upon a bearing of N90⁰00'W for the center line of U.S. Highway No. 6 looking West from the NW Corner of said Section 33, and EXCEPT Parcel "A" of Plat of Survey recorded in Book 781 Page 450, being a part of the NW ¼ of Section 33, Township 79 North, Range 26 West of the 5th P.M., Waukee, Dallas County, Iowa (Parcel No. 1233102020); and, Part of the NW 1/4 of the NW 1/4 of Section 33, Township 79 North, Range 26 West of the 5th P.M., in the City of Waukee, Dallas County, Iowa, described as follows: Beginning 96.5 feet East and 50 feet South of the Northwest Corner of said NW 1/4 of the NW 1/4, thence East 421.4 feet to the right of way fence of the Union Pacific Railroad (formerly the Milwaukee & St. Louis Railroad), thence Southeasterly along said fence S54°30' E 109.2 feet; thence Southwesterly S18°0'W 18.5 feet; thence West 400 feet; thence Northwesterly on a curve radius of 613 feet 129.1 feet to the place of beginning AND Parcel "A" of Plat of Survey recorded in Book 781 Page 450, being a part of the NW 1/4 of the NW 1/4 of Section 33, Township 79 North, Range 26 West of the 5th P.M., in the City of Waukee, Dallas County, Iowa and also including the east ½ of the adjoining 10th Street Right of Way (Parcel No. 1233102021); and, That part of the NW 1/4 of the NW 1/4 of Section 33, Township 79 North, Range 26 West of the 5th P.M.. Dallas County, Iowa, more particularly desc ribed as follows: Commencing at - 13 - FINAL 101221 the Northwest corner of said Section 33, thence East 453.7 feet on the North line thereof, and which for this description is assumed to be due East and West; thence S54°30’E 195.3 feet; thence S30°00"W 18.5 feet to the point of beginning; thence S30⁰00'W 301.0 feet to a point on the Northerly line of Ad el Avenue, (now known as Ashworth Drive); thence N60°00'W 120.5 feet on said Northerly line; thence North 23.0 feet; thence N41°30'W 172.9 feet to a point of tangency of a curv e concave Southwesterly o n a radius of 613 feet; thence on said curve 53.5 feet; thence East 400 feet to the point of beginning. (Parcel No. 1233102003); and, The West ½ of Lot 3 and Lots 4 through 8, all in Block 4 of Copeland’s Addition to the Town, now City of Waukee, Dallas County, Iowa and that 10th Street ROW which adjoins said property and is located east of Lot A of Deery Brothers Waukee Development Plat (Parcel No. 1233101001, 1233101002); and, The Ashworth Drive Right of Way running from the centerline of 10th Street to the east right of way line of 6th Street; and, The 6th Street Right of Way running from the south Right of Way Line of Ashworth Drive the north Right of Way Line of Locust Street; and, Lots 1 through 10 of Block 10 in the First Addition to the Town of Waukee, Iowa (Parcel No. 1233110001, 1233110002); and, The West ¾ of Lot 1 in Block 10 in the Town of Waukee, Dallas County, Iowa (Parcel No. 1233176001); and, Lots 16 and 17, A, B, and C of Westgate Business Park Plat 2 (Parcel No. 1234477002, 1234477003, 1234477011); and, The Ute Avenue Right of Way from the north Right of Way Line of Silverleaf Lane to the south Right of Way Line of Prairie Bluff Drive, which include Painted Woods Street Lot, Lot F of Painted Woods West Plat 1 and Lot A of Willow Pines Plat 1 (Parcel No. 1607402011, 1608176064, 1608101011); and, Parcel 17-5 of the Plat of Survey recorded in Book 2016 Page 968, City of Waukee, Dallas County, Iowa (Parcel No. 1608300015); and, The SE ¼ of the SE ¼ and SW Fractional ¼ of the SE ¼ of Section 7, Township 78 North, Range 26 West of the 5th P.M., City of Waukee, Dallas County, Iowa, EXCEPT land deeded to the State of Iowa for highway purposes recorded in Book 442, Page 617, AND, That part of the NW ¼ of the NE ¼ of Section 18, Township 78 North, Range 26 West of the 5th P.M., City of Waukee, Dallas County, Iowa, lying North of Interstate Route No. 80. (Parcel No. 1607400007); and, - 14 - FINAL 101221 The East ½ of the NW 10th Street (R-22, U Avenue) Right of Way from the centerline of NW Douglas Parkway to the North Right of Way line of 270th Street; and, The entire Right of Way of 270th Street from the centerline of NW 10th Street (R-22, U Avenue) to the centerline of N Warrior Lane (V Avenue). - 15 - FINAL 101221 - 16 - FINAL 101221 EXHIBIT C AGREEMENT TO INCLUDE AGRICULTURAL LAND IN THE WAUKEE WEST URBAN RENEWAL AREA WHEREAS, the City of Waukee, Iowa, (the “City”) has proposed the Amendment #5 to the Waukee Consolidated Urban Renewal Plan (the “Plan”) for the Waukee Consolidated 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 Urban Renewal Area, as amended by Amendment #5, will include certain property which is owned by the Agricultural Land Owner listed below (the “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 _______________, 2021. Agricultural Land Owner’s Name: __________________________________ Signature: Date: Witness: Agricultural Land Owner’s Name: __________________________________ Signature: Date: Witness: