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Home My WebLink About2018-07-02-Ordinance 2892_Rezoning, Apple AmendedORDINANCE 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]I 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 5™ 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 5 "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 '/4)OF SECTION 31,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 "P.M.(PARCEL 12-31-400-006);AND, PARCEL "B"OF THE NORTHEAST I/4 OF THE NORTHWEST I/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 280 STREET RIGHT OF WAY;AND, PARCEL "CC"OF THE NORTHEAST '/4 OF THE NORTHWEST '/a 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 280 "STREET RIGHT OF WAY. Section 2.Planned Develo ment A reement.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- I (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.~Re ealer.All ordinances or parts of ordinances in conflict with the provisions of this ordinance are hearby repealed. Section 4.Severabilit 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"day of July,2018,and approved this 2"day of July,2018. illiam R P ard,Mayor Attest: Rebecca D.Schuett,City Clerk lllllllllllllllllllllllllllllllllllllllllllllllllllll II III fllllllllll Doc ID;007633080008 Type:AGR Recorded:11/13/2018 at 09:35:03 Att Fee Amt:$42.00 Page 1 of 8 Dallas County Iowa Chad C.Airhart RECORDER Fi lett BK2048 PG2 1295 WHEN RECORDED RETURN TO: Rebecca Schuett Waukee Deputy City Clerk 230 W.Hickman Road Waukee,Iowa 50263 Preparer Information'.Bradly M.Deets,City of Waukee,W.Hickman Road,Waukee,Iowa 50263 Phone (515)987-4522 AMENDMKNT TO PLANNED DEVELOPMENT AGREEMENT This Amendment to Planned Development Agreement (the "Agreement")is made and t d I t tbt 2"d y I~J1 2 ~IS,by d b t tb CITY QF WAUFSS,IOWA, 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 OA" 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-I (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: 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 1(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.~Bindin .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.~ghdit.If y p.II h fl f y f bl 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.~Gi L .Thl Ag t hll b g d by d t d accordance with the laws of the State of Iowa. 7.R~di .Thl Ag t hllb dd lthth Dll G«ty,l 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. IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first above written. CITY OF WAUKEE Attest: illiam .Peard,ayor Rebecca D.Schuett,City Clerk DE LOPER: Apple,Inc. By: Name: le: ~IN WITNESS WI-IEREOF,the parties have executed this Agreeme t as of the date first above writtet CITY OF ICEE Attest: 'liam .Peard,ayor R~eb a D.Schuett,City Clerk DEVELOPER: Apple Inc. By: Narue:I I K5 A Jq,QQ STATE OF IOWA ) )ss. COUNTY OF DALLAS) On this 1'0 day of ,2018,before me,the undersigned,a Notary Public in and for the State of Io 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 angpeajeg on behalf of the corporation,by authority of its City Council,as contained in ReseIutieayNo.P'8 I&adopted by the City Council,under Roll Call of the City Council on the ~ytrya day of,2018,and that William F.Peard and Rebecca D.Schuett acknowledged the exe tion of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. ,ptdtp K258THRVtbt E.PURVIS Commission Number 794513 My Commission Expires February 10,2019 L /Notary b ic in and for the State of Iowa MPC p ~l* ATE OF~ )ss. COUNT 0 thl d 2018,b f,thxapd ld d,N t yp bit dt th Ett f,p lly pp~~t p l]y known,who being by me duly rn,did ay that the person is the of ,an corpo t'n,and that the instrument was signed on behalf of said corporation by authority of it anagers;d that said person acknowledged the execution of the foregoing instrument e be the voluntary act an deed of the corporation by it voluntarily executed. Notary Public in and for the S t~of My Commission expires A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certilicate is attached,and not the truthfulness,accuracy,or validity of that document. State of California County of Santa Clara On ~Il /6/8,before me,5 80$VS&d |,a Notary Public,personally appeared ',c /c/p NZl'&~,who proved to me on the basis of satisfactory evidence to be the person(8J whose name(BJ is/ase subscribed to the within instrument and acknowledged to me that JWlshe/they executed the same in his/her/their authorized capacity(~s,and that by his/her/thetr signature(g on the instrument the person@,or the entity upon behalf of which the person(eJ acted, executed the instrument. I 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 BOWERMAN Notary Public-Caiiinrnia Sania Clara Counly B Commission 9 2229792 My Comm.Expires Feb 25.2022 APLE15492511 481304.1 Exhibit 1 Le al Descri tion of the Additional Pro ert ADDITIONAL PROPERTY ADDED TO PLANNED DEVELOPMENT AGREEMENT THE NORTHEAST QUARTER (NE /~)OF THE SOUTHEAST QUARTER (SE Ya)OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 27 WEST OF THE 5 P.M.,CITY OF WAUKEE,DALLAS COUNTY,IOWA;AND, PARCEL 17-247 OF THE NORTHEAST QUARTER (NE '/4)OF THE SOUTHWEST QUARTER (SW '/~)OF SECTION 31,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 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 Y4)OF SECTION 31,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5 P.M. (PARCEL 12-31-400-006);AND, PARCEL "B"OF THE NORTHEAST I/4 OF THE NORTHWEST I/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 280 STREET RIGHT OF WAY;AND, PARCEL "CC"OF THE NORTHEAST '/~OF THE NORTHWEST '/~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 280 STREET RIGHT OF WAY. Exhibit "2" Development Concept 'I .;I-P-* I PROJECT AIORGAN CARPUS COIIGAN El