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
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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
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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
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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:
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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,
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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).
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FINAL 101221
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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: