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Home My WebLink About2018-07-02-Ordinance 2892_Rezoning, Apple Amended, Book 2018 Page 21666� t I IIIIIII IIIIII III IIIII IIIII IIIII IIIII IIIII I III IIIII IIIII IIIII IIII III IIII IIII Doc ID: 0076367 9 0010 Type: ORD Recorded: 11/19,2018 at 09:05:11 AM Fee Amt: $52.00 Page 1 of 10 Dallas County Iowa Chad C. Airhart RECORDER File# BK2018 PG21666 Preparer Information: Bradly M. Deets, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 978-7899 Bill/Return Document to: Rebecca D. Schuett, City of Waukee, 230 W. Hickman Rd., Waukee, IA 50263; 978- 7904 ORDINANCE NO.2892 AN ORDINANCE TO AMEND CHAPTER 301, ZONING ORDINANCE, CITY OF WAUKEE, IOWA, BY CHANGING CERTAIN PROPERTY THEREIN FROM A-1 [AGRICULTURAL DISTRICT] TO M-1/PD-1 [LIGHT INDUSTRIAL DISTRICT/PLANNED DEVELOPMENT OVERLAY DISTRICT]; AND AMEND THE OFFICIAL ZONING MAP TO SHOW REZONING BE IT ORDAINED by the Council of the City of Waukee: Section 1. Section 301.4 of Chapter 301, Waukee Municipal Code, Zoning Ordinance of the City of Waukee, Iowa, adopting the Official Zoning Map, is hereby amended by amending the zoning from A-1 (Agricultural District) to M-I/PD-I (Light Industrial District/Planned Development Overlay District) for the property legally described as follows (the "Property"): THE NORTHEAST QUARTER (NE '/4) OF THE SOUTHEAST QUARTER (SE '/4) OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5T" P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA; AND, PARCEL 17-247 OF THE NORTHEAST QUARTER (NE '/4) OF THE SOUTHWEST QUARTER (SW '/4) OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5T" P.M., DALLAS COUNTY, IOWA AS SHOWN IN THE SURVEY RECORDED IN BOOK 2018, PAGE 1530 IN THE OFFICE OF THE DALLAS COUNTY RECORDER (PARCEL 12-31-300-008); AND, THE WEST 23 ACRES OF THE NORTH HALF (N ''/2) OF THE SOUTHEAST QUARTER (SE '/4) OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5T1I P.M. (PARCEL 12-31-400-006); AND, 1 PARCEL "B" OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA AS SHOWN ON THE PLATE OF SURVEY RECORDED IN BOOK 802, PAGE 672 IN THE OFFICE OF THE DALLAS COUNTY RECORDER AND INCLUDING THE SOUTH HALF OF THE ADJOINING 280TH STREET RIGHT OF WAY; AND, PARCEL "CC" OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5' P.M., DALLAS COUNTY, IOWA AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2015, PAGE 11658 IN THE OFFICE OF THE DALLAS COUNTY RECORDER AND INCLUDING THE SOUTH HALF OF THE ADJOINING 280TH STREET RIGHT OF WAY. Section 2. Planned Development Agreement. The Planned Development Agreement recorded in Book 2017, Page 23442 in the Dallas County Recorder's Office is the Planned Development Agreement which shall define the minimum standards and requirements of the PD- 1 (Planned Development Overlay District) pertaining to the Property. Said agreement is hereby amended to add the above legally described Property. All other provisions of the existing Planned Development remain as originally approved. - Section 3. Repealer. All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hearby repealed. Section 4. Severability Clause. If any section, provision or part of this ordinance shall be adjudged invalid or unconstitutional, such adjudication shall not affect the validity of the ordinance as a whole or any section, provision, or part thereof not adjudged invalid or unconstitutional. Section 5. Effective Date. This ordinance shall be in effect upon its final passage, approval and publication as provided by law. Passed by the City Council of the City of Waukee, Iowa, this 2"d day of July, 2018, and approved this 2"d day of July, 2018. i William F. P ard, Mayor Attest: tat&t4*ffl- Rebecca D. Schuett, City Clerk 2 `J "DocID 07633080008 Type: AGR Recorded: 11/13/2018 at 09:35:03 AM Fee Amt: $42.00 Page 1 of 8 Dallas County Iowa Chad C. Airhart RECORDER File# BK2018 PG21295 WHEN RECORDED RETURN TO: Rebecca Schuett Waukee Deputy City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Infonnation: Bradly M. Deets, City of Waukee, W. Hickman Road, Waukee, Iowa 50263 Phone (5I5) 987-4522 AMENDMENT TO PLANNED DEVELOPMENT AGREEMENT This Amendment to Planned Development Agreement (the "Agreement") is made and entered into this 2nd day of July, 2018, by and between the CITY OF WAUKEE, IOWA, a municipal corporation (the "City"), and Apple, Inc., on its own behalf and as successor in interest to Bravo Real Estate, LLC (the "Developer"). WHEREAS, a Planned Development Agreement (the "Agreement") recorded in Book 2017, Page 23442 in the Dallas County Recorder's Office concerning certain property legally described therein; and WHEREAS, Developer now owns the property (the "Original Property") that is subject of the Agreement and is the successor in interest to Bravo Real Estate, LLC; and WHEREAS, Developer has also acquired the property legally described on Exhibit "A" attached hereto (the "Additional Property") which is contiguous to the Original Property; and WHEREAS, Developer seeks to zone the Additional Property in the same manner as the Original Property and contemplates developing the Additional Property in the same manner as contemplated by the Agreement; and, WHEREAS, the Additional Property is currently zoned A-1 (Agricultural District); and, WHEREAS, the parties seek to Amend the Agreement to add thereto the Additional Property. NOW, THEREFORE, in consideration of the above premises, the rezoning of the Property, and the promises and agreements set forth herein, the parties hereto hereby agree as follows: 3 1. The Planned Development Agreement recorded in Book 2017, Page 23442 in the Dallas County Recorder's Office is hereby amended by adding the Additional Property described in Exhibit l (attached hereto) to Exhibit A of said Agreement and making said Additional Property subject to said Agreement. 2. The Planned Development Agreement recorded in Book 2017, Page 23442 in the Dallas County Recorder's Office is hereby amended by amending and substituting Exhibit 2 (attached hereto) for Exhibit B of said Agreement. 3. All other provisions of the existing Planned Development remain as originally approved. 4. Binding. The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of the respective parties hereto 5. Severability. If any provision hereof is for any reason unenforceable or inapplicable, the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable or inapplicable provisions had never been contained herein. 6. Governing. This Agreement shall be governed by and construed in accordance with the laws of the State of Iowa. 7. Recording. This Agreement shall be recorded with the Dallas County, Iowa, Recorder, as an exhibit to the ordinance rezoning the Property and shall constitute a valid and effective agreement pursuant to the terms and conditions of Section 414.5 of the Iowa Code. M IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first above written. Attest: Rebecca D. Schuett, City Clerk CITY OF WAUKEE By: 4PCiiard, Nfayor w g-XT P'tje WITNESS WHEREOF, the parties have executed this Agreement -as of the date first above wri Attest: Rel7 a D. Schuett, City Clerk CITY OF WA'UKEE i4liarn 5. Peard, Mayor DEVELOPER: Title: ,4i -dLc� ,d \t G(c,6a( K-goj cwk� STATE OF IOWA ) ) ss. COUNTY OF DALLAS) On this 0 day of J oPLA , 2018, before me, the undersigned, a Notary Public in and for the State of Ion a, personally appeared William F. Peard and Rebecca D. Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed anon behalf of the corporation, by authority of its City Council, as contained in Ate-ONo. WA adopted by the City Council, under Roll Call of the City Council on the NA day of Tv V , 2018, and that William F. Peard and Rebecca D. Schuett acknowledged the exedution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. a^� KATHRYN E. PURVIS � ' SC� ACommission Number 794513 /Notary b is in and for the State of Iowa z�P My Commission Expires / owp February 10, 2019 My Commission expires ,,,�./A 1 j ATE OF ) ) ss. COUNT On this da f , 2018, before me, th,�-urrdersigned, a Notary Public in and for the State of personally appear dJ to me personally known, who being by me duly rn, did�sa- that the person is the of an corps t�''° nn, and that the instrument was signed on behalf of said corporation by authority of�the itnagers;'a that said person acknowledged the execution of the foregoing instrument orloluntary act kdeed of the corporation by it voluntarily executed. Notary Public in and for the My Commission expires 0 f A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. State of California County of Santa Clara On A)0 t/ ��D , before me, _� ��il , a Notary Public, personally appeared (I who proved to me on the basis of satisfactory evidence to be the person(s) whose name(R) is/axesubscribed to the within instrument and acknowledged to me that .Lid/she/t}rcy executed the same in his/her/th6ir authorized capacity(iel, and that by is/her/thy signature(s) on the instrument the person(s), or the entity upon behalf of which the person(sj acted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ------------- SUE BO— WER— Notary Public - California Z — Santa Clara County > Commission # 2229792 My Comm. Expires Feb 25.2022 Signature APB E\54925\1481304.1 Exhibit 1 Legal Description of the Additional PropertX ADDITIONAL PROPERTY ADDED TO PLANNED DEVELOPMENT AGREEMENT THE NORTHEAST QUARTER (NE '/) OF THE SOUTHEAST QUARTER (SE '/) OF SECTION 35, TOWNSHIP 79 NORTH, RANGE 27 WEST OF THE 5TH P.M., CITY OF WAUKEE, DALLAS COUNTY, IOWA; AND, PARCEL 17-247 OF THE NORTHEAST QUARTER (NE '/) OF THE SOUTHWEST QUARTER (SW '/) OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA AS SHOWN IN THE SURVEY RECORDED IN BOOK 2018, PAGE 1530 IN THE OFFICE OF THE DALLAS COUNTY RECORDER (PARCEL 12- 31-300-008); AND, THE WEST 23 ACRES OF THE NORTH HALF (N %) OF THE SOUTHEAST QUARTER (SE %) OF SECTION 31, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M. (PARCEL 12-31-400-006); AND, PARCEL "B" OF THE NORTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 30, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA AS SHOWN ON THE PLATE OF SURVEY RECORDED IN BOOK 802, PAGE 672 IN THE OFFICE OF THE DALLAS COUNTY RECORDER AND INCLUDING THE SOUTH HALF OF THE ADJOINING 2801H STREET RIGHT OF WAY; AND, PARCEL "CC" OF THE NORTHEAST '/ OF THE NORTHWEST '/ OF SECTION 30, TOWNSHIP 79 NORTH, RANGE 26 WEST OF THE 5TH P.M., DALLAS COUNTY, IOWA AS SHOWN ON THE PLAT OF SURVEY RECORDED IN BOOK 2015, PAGE 11658 IN THE OFFICE OF THE DALLAS COUNTY RECORDER AND INCLUDING THE SOUTH HALF OF THE ADJOINING 280TH STREET RIGHT OF WAY. 7 Exhibit "2" Development Concept I 00J��e AddIdopn Pmpeny In ne Add—_._ ® !t �� Plunned DevelOpnrcnl tl� lLI+ - T >h ,I, �� / .1. ivy:• ti.ra-_som+. v ERP DAY I EXHOT VA PROJECT MORGAN CAMPUS CORGAN M.