HomeMy WebLinkAbout2012-10-15-Ordinance 2719_Rezoning, University WoodsORDINANCE NO.2719
AN ORDINANCE TO AMEND CHAPTER 301,ZONING ORDINANCE,CITY
OF WAUKEE,IOWA,BY CHANGING CERTAIN PROPERTY THEREIN AND
AMENDING THE PD-l [PLANNED DEVELOPMENT OVERLAY DISTRICT]
RELATED THERETO;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 changing the PD-l [Planned Development Overlay District]to the following real estate,
legally described as follows:
A TRACT OF LAND IN THE SOUTH ONE-HALF OF THE SOUTHWEST
QUARTER (S Y2 SW 1/4)OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 26
WEST OF THE 5TH P.M.,DALLAS COUNTY,row A,MORE P ARTICULARL Y
DESCRIBED AS FOLLOWS:COMMENCING AS A POINT OF REFERENCE AT
THE SOUTH QUARTER (1/4)CORNER OF SAID SECTION 35;(FOUND
CmSELED CROSS-SECTION);THENCE WEST 545.0 FEET ALONG THE SOUTH
LINE OF SAID SW y"TO A POINT (NOT IDENTIFIED);THENCE NORTH 60.0
FEET TO THE POINT OF BEGINNING (SET 5/8"LR.WITH CAP NO.5931)ON
THE NORTH RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE;THENCE
CONTINUING NORTH 407.0 FEET TO A POINT (SET 5/8"LR.WITH CAP NO.
5931);THENCE WEST 467.0 FEET TO A POINT (SET 5/8"LR.WITH CAP NO.
5931);THENCE SOUTH 407.0 FEET TO A POINT (SET 5/8"I.R.WITH CAP NO.
5931);SAID POINT BEING IN A FENCE ON THE NORTH RIGHT -OF-WAY OF
UNIVERSITY AVENUE;THENCE EAST 467.0 FEET ALONG SAID RIGHT-OF-
WAY TO THE POINT OF BEGINNING AND CONTAINS 4.36 ACRES
EXCLUSIVE OF ROAD RIGHT-OF-WAY.
A parcel also known as University Woods.
Section 2.Platmed Development Agreement.Attached hereto as Exhibit
A is the Planned Development Agreement which shall defme the minimum standards
and requirements of the PD-l [Planned Development Overlany District]pertaining to
the above legally descrihed property,
Section 3.Repealer.All ordinances or parts of ordinances in conflict with
the provisions of this ordinance are hearhy repealed.
Section 4.Severability Clause.If ally section,provision or part of this
ordinance shall be adjudged invalid or unconstitutional,such adjudication shall not
1
affect the vailidity 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 [mal
passage,approval and publication as provided by law.
Passed by the City Council of the City of Waukee,Iowa,this 15th day of October,
2012,and approved this 15th day of October,2012.
Attest:
Bradly M.De s,Interim City Administrator/Clerk
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Book 2012 Page 21660
Document 21660 Type AGMNT Pages 22
Date 11/30/2012 Time 12:13 PM
Ree Amt $112.09 MTG -fI
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Chad Airhart.Recorder ODD -
Dallea County IOWA DIG •
Document 29194 Type AGMNT Pages 7
Date 11/109/2012 Time 12:35 PM
Ree Amt $37.910
11111111111111111111111111111111111
11111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111111
Book 2012 Page 20194
Chad Airhart.Recorder
Dallas County IOWA
MTG &l
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WHEN RECORDED RETURN TO:
,-.Rebecca Schuett
Waukee Deputy City Clerk
/J .,•230 W.Hickman Road'0 ))/)...Waukee,Iowa 50263
Preparer Information:Bradly M.Deets,City of Waukee,W.Hickman Road,Waukee,Iowa 50263 Phone (515)987-4522
PLANNED DEVELOPMENT AGREEMENT
This Planned Development Agreement (the "Agreement")is made and entered into this
1'5-111 day of Oc1D'pf(,2012,by and between the CITY OF WAUKEE,IOWA,a municipal
corporation (the "City"),and LIBERTY BANK,F.S.B.(the "Developer").
WHEREAS,Developer is the present owner of certain real property located within the
corporate limits of the City,which property is legally described on Exhibit "A"attached hereto
(the "Property");and
WHEREAS,the Property is currently zoned C-4 (Office Park Commercial District)and
PD (Planned Development District Overlay)subject to the planned development agreement (the
"Planned Development")as recorded in Book 2008 Page 9070 within Dallas County,Iowa;and
is attached hereto as Exhibit "D"for reference.
WHEREAS,the Planned Development called for the development of a commercial office
park based upon the uses as permitted within the C-4 zoning district with the exception of
hospitals,libraries,funeral homes and mortuaries;and
WHEREAS,the Developer would like to amend the Planned Development to add
provisions for the use and development of the property as a skilled recovery center
("Amendment")and has developed and submitted to the City a master development plan
("Development Plan")for developing the Property as a skilled recovery center (the "Project");
atld
WHEREAS,the proposed Amendment shall be in addition to the uses and provisions
previously approved as a part of the Planned Development Agreement recorded in Book 2008
Page 9069 within Dallas County,Iowa;and in accordance with this Agreement and Section
414.5 of the Iowa Code;and
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WHEREAS,the PD regulations require the Developer to enter into a development
agreement with the City that addresses the primary objective of the development as well as
providing specific guidelines and design standards for the development of the Property;
WHEREAS,it is the intent of this Project to meet all of the requirements of the Waukee
Zoning Ordinance,Waukee Site Plan Ordinance and Waukee Sign Ordinance except as modified
by this Agreement.
NOW,THEREFORE,in consideration of the above premises,the rezoning of the
Property and the promises and agreements set forth herein,it is hereby agreed between the
Developer and the City as follows:
I.Planned Development Amendment.The Planned Development Overlay District
shall be amended to include the provisions of this agreement in addition to those provisions as
recorded in Book 2008,Page 9069.
2.Master Development Plan.As required by the PD regulations,the Developer has
submitted a Development Plan in conjunction with the Developer's request for the Amendment
to the Planned Development Overlay District to allow for the development of a skilled care
facility in addition to the uses as previously approved for a commercial office park,A copy of
the Development Plan,dated August 22,2012 prepared by Civil Design Advantage is attached
hereto as Exhibit "B".The Developer agrees that the development of the Property shall be
c-onsistent v·...ith the Development Plan,and shall satisfy the following requirements:
(a)Restrictions on Uses.Uses within the Development are intended to meet those
uses as permitted in the C-4 (Office Park Commercial District)including a skilled
recovery center,however,excluding the following:
(i)Libraries;
(ii)Funeral Homes;and
(iii)Mortuaries.
(b)A Skilled Recovery Center is defined as "a non-residential facility that is
established and operated exclusively for the purpose of providing comprehensive
diagnostic,therapeutic,and restorative services to patients for the rehabilitation of
injured,disabled,or sick persons,at a single fixed location,by or under the
supervision of a physician.It also provides only those services which meet the
requirements for eligibility for Medicare,Medicaid,private pay and insurance
plans.Patients receiving treatment at the facility may board at the facility for a
length of time as permitted and required by State and Federal laws under NF
licensure,but at no time may establish permanent residency in the facility."
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(c)Bulk Regulations.The maximum amount of total building square footage for
buildings shall be limited to 48,000 square feet.The following bulk regulations
shall be applicable as generally shown on the Development Plan:
(i)Front Yard Building Setback.The minimum building front yard setback
along University Avenue shall be forty (40)feet.
(ii)Rear Yard Building Setback.The minimum rear yard building setback
shall be thirty (30)feet.
(iii)Side Yard Building Setback.The minimum side yard setback(s)shall be
twenty-five (25)feet.
(iv)Setback Between Buildings.The minimum setback between buildings
internal to the site Project shall be twenty-five (25)feet.
(ii)Building Height.Buildings shall be one-story with a
maximum height of twenty-five (25)feet.
(e)Parking.A minimum of one (I)parking stall per two beds and one (I)stall per
full time equivalent employee shall be provided for each building within the
development.The parking lot shall be setback from University Avenue a
minimum of fifteen (15)feet.
(f)Buffer and Open Space Reguirements.
(i)Existing Vegetation.Developer acknowledges that the property currently
contains a substantial amount of vegetation.The existing trees as depicted
on Exhibit "C"that are within twenty-five (25)feet of the north and east
property lines shall not be removed except as necessary to construct a
storm sewer outfall.Prior to construction,a temporary fence will be
required to be installed to protect any trees from being removed.A
number of trees internal to the site will have to be removed in order to
construct the site,however,the Developer agrees to work with the City at
the time of site plan approval to save other trees internal to the site when
grading and site layout allows.All trees proposed to be removed must be
approved at the time of site plan approval by the City.
(ii)Landscaped Buffer.Developer shall provide a twenty-five (25)foot
landscape buffer along the north and east property lines of the Property.
Within the south one hundred fifty (150)feet of buffcr along the east
property line where the existing vegetation is less substantial,a minimum
of two (2)overstory trees (minimum 2"caliper),two (2)evergreens
(minimum 6'in height),and one (I)ornamental tree (minimum 1"caliper)
shall be planted for every fifty (50)linear feet of buffer.
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(iii)Open Space.A nununum of thirty (30)percent open space shall be
required which shall inelude the landscaped buffer,detention pond and
open space internal to the parking lots.
(iv)Trees.A minimum of two (2)trees per 1,500 square feet of required
open space and six (6)shrubs per 1,000 square feet of the required open
space shall be provided on the Property in addition to the existing trees
that will not be removed.Based upon the minimum number of trees
required,fifty (50)percent of the required trees shall be over-story trees
(minimum 2 inch caliper)and twenty-five (25)percent of the trees shall be
evergreens (minimum 6 feet in height).
(g)Architectural Requirements.The architecture of the building(s)shall be consistent
with the architectural standards as defined within Section 304,Site Plan
Ordinance,of the City of Waukee Code of Ordinances.
(h)Signage.Signagc shall be consistent with the sign standards as defined within Section
305,Signage Ordinance,of the City of Waukee Code of Ordinances.
(i)Lighting.All lighting shall be installed pursuant to the regulations within Section 304
Site Plan Ordinance of the City of Waukee Code of Ordinances.Parking lot pole lighting
shall not exceed twenty-five (25)feet from grade to the top ofthe lighting fixture.
3.Runs with Land.The obligations under this Agreement shall run with the land
and be binding upon the future owners ofthe Property.
4.Warranty of Title.Developer bereby warrants to the City to defend Developer's
title to the Property for purposes ofthis Agreement.
5.Amendment.The terms of this Agreement may be amended by mutual agreement
ofthe parties hereto,but any such amendment shall be in writing and shall be filed of record with
the Dallas County Recorder.
6.Binding.The terms and conditions of this Agreement shall be binding upon and
shall inure to the benefit ofthe heirs,successors and assigns ofthe respective parties hereto
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7.Severability.If any provtsion 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.
8.Governing Law.This Agreement shall be governed by and construed in
accordance with tbe laws ofthe State ofIowa.
9.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.
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IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first
above written.
CITY OF WAUKEE
Attest:
Br~et?1.~::B
Interim City Administrator/Clerk
DEVELOPER:
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STATE OF IOWA )
)ss.
COUNTY OF DALLAS)
On this 1J(fl day of )/Oue!M~,2012,before me,the undersigned,a Notary
Public in and for the State ofIowa,personally appeared William F.Peard and Bradly M.Deets,
to me personally known,and,who,being by me duly sworn,did say that they are the Mayor and
Interim City Administrator/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 and sealed on behalf of the corporation,by authority of its City Council,as contained in
O!lll\\\\4\J~Gl!..tioo No.;11 adopted by the City Council,under Roll Call of the City Council on
the /51V\day of Do ~,2012,and that William F.Peard and Bradly M.Deets
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation,by it voluntarily executed.i:...,ECCAD.SCHIST CUt1U&J?~f 1-CommissionNumber 716496 Notar.y Public in alldfOfthe
•0 My Commission Expires
'ow'May 13,2014 State oflowa
My Commission expires OS-J eJlirlll1,~-i
STATE OF IOWA )
COUNTY OF Dt\..lLcts )S5.
)
On this -'1-day of Sip'h'l'Ih{)(20I2,before me,the undersigned,a Notary Public in
and for the State of M"-'''-,personally appeared~,to me personally
known,who being by me duly sworn,did say that the person is the SVP of Liberty
Bank,F.S.B.,an Iowa corporation,and that the instrument was signed on behalf of said
corporation by authority of its managers;and that said person acknowledged the execution of the
foregoing instrument to be the voluntary act and deed ofthe limited liability company by it
voluntarily executed.
Notag~P1td~---
the State ofIowa
My Commission expires If {/0/1,/,
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Book 201~ge 2019470fY
Exhibit A
Legal Description of Property
A TRACT OF LAND IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER (S 12
SW 1/4)OF SECTION 35,TOWNSHIP 79 NORTH,RANGE 26 WEST OF THE 5TH P.M.,
DALLAS COUNTY,IOWA,MORE PARTICULARLY DESCRlBED AS FOLLOWS:
COMMENCING AS A POINT OF REFERENCE AT THE SOUTH QUARTER (1/4)CORNER
OF SAID SECTION 35;(FOUND CHISELED CROSS-SECTION);THENCE WEST 545.0
FEET ALONG THE SOUTH LINE OF SAID SW Y.TO A POINT (NOT IDENTIFIED);
THENCE NORTH 60.0 FEET TO THE POINT OF BEGINNING (SET 5/8"LR.WITH CAP
NO.5931)ON THE NORTH RIGHT-OF-WAY LINE OF UNIVERSITY AVENUE;THENCE
CONTINUING NORTH 407.0 FEET TO A POINT (SET 5/8"LR.WITH CAP NO.5931);
THENCE WEST 467.0 FEET TO A POINT (SET 5/8"LR.WITH CAP NO.5931);THENCE
SOUTH 407.0 FEET TO A POINT (SET 5/8"LR.WITH CAP NO.5931);SAID POINT
BEING IN A FENCE ON THE NORTH RIGHT-OF-WAY OF UNIVERSITY AVENUE;
THENCE EAST 467.0 FEET ALONG SAID RIGHT -OF-WAY TO THE POINT OF
BEGINNING AND CONTAINS 4.36 ACRES EXCLUSIVE OF ROAD RIGHT-OF-WAY.
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Exhibit "B"
Development Plan
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Exhibit "c"
Example of Development Plan and Buffer Enhancements in Relation to Existing Tree Survey of
Propetiy
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Exhibit "D"
Example of Architectural Style of Building
13 Book 2012 Page 21660
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Exhibit "E"
Existing Planned Development Agreement
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Book 2008 Page 9070
Document 9'0713 Type AGMNT Pages 11
Date 6/313/2008 Time 8:43 AM
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WHEN RECORDED RETURN TO:
Rebecca Schuett
Waukee Deputy City Clerk
230 Highway 6
Waukee,Iowa 50263
Carol "Cindy"HoI,Recorder
Dallas County IOWA
REFERENCE MADE
IlOOk~Poge .9',a{,'j
Preparer Information:Brad Deets,City of Waukee,230 Highway 6,Waukee,Iowa 50263 Phone (515)987-4522
PLANNED DEVELOPMENT AGREEMENT
This Planned Development Agreement (the "Agreement")is marly and entered into this
19th day of November,2007,by and between the CITY OF WAUKEE,IOWA,a municipal
corporation (the "City"),and KC HOLDINGS,INC.,a limited liability corporation (the
"Developer"),
WHEREAS,Developer is the present owner of certain real property located within the
corporate limits of the City,which property is legally described on Exhibit "A-"attached hereto
(the "Property");and
WHEREAS,the Developer has developed and submitted to the City a master
development plan ("Development Plan")for developing the Property as:a commercial office park
(the "Project");and
WHEREAS,in order to develop the Property in accordance with the Development Plan,
the City and Developer desire that the Property be rezoned,prior to development,to a
combination of C-4 (Office Park Commercial District)and PD (Planned Development District
Overlay)zoning districts,in accordance with and in consideration of the provisions of tills
Agreement and Section 414.5 of the Iowa Code;and
WHEREAS,the PD regulations require the Developer to enter into a development
agreement with the City that addresses the primary objective of the development "as well as
providing specific guidelines and design standards for the development of the Property;
Book 2008 Page 907e
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WHEREAS,it is the intent of this Project to meet all of the requirements of the Waukee
Zoning Ordinance,Waukee Site Plan Ordinance and Waukee Sign Ordinance except as modified
by this Agreement.
NOW,THEREFORE,in consideration of the above premises,the rezoning of the
Property and the promises and agreements set forth herein,it is hereby agreed between the
Developer and the City as follows:
1.Rezoning.The Property shall be rezoned to C-4 (Office Park Commercial
District)and PD (Planned Development District Overlay)from the present zoning classification
of A-I (Agricultural District).
2.Master Development Plan.As required by the PD regulations,the Developer has
submitted a Development Plan in conjunction with the Developer's request for rezoning to a PD
overlay to allow the development of the Property as a commercial office park.A copy of the
Development Plan,dated OJM,bu-15 ,~oD1 ,prepared by S+f'"'&v~s:a;c-h5=[§ro,is
attached hereto as Exhibit "B".The Developer agrees that the development of the Property shall
be consistent with the Development Plan,and shall satisfy the following requirements:
(a)Platting of Lots/Construction in-.Phases.The Property shall be platted into four
lots to allow for separate ownership of each building.At the time of approval of a
final plat for the Property,Developer shall create an association to handle and
maintain the common elements of the development including but not limited to
private utilities,overland flowage and detention ponds,signage,open space and
driveways.Developer and the City'agree that the Property will be developed in
phases.
(b)Restrictions.on Uses.Uses within the Development are intended to meet those
uses as permitted in the C-4 (Office Park Commercial District)with the following
exceptions:
(i)Hospitals;
(ii)Libraries;
(iii)Funeral Barnes;and
(iv)Mortuaries.
(c)Declaration of-Covenants.Restrictions and Easements.The Property Owner
shall,at the time of final platting of the first Lot to be developed,record with the
county recorder a declaration regarding the establishment of certain easements
and the declaration of certain restrictions and covenants,including but not limited
to,open space preservation requirements,responsibility for landscaping
maintenance,'trash collection schedule,and a prohibition on temporary structures.
The declaration shall be subject to the review and approval of the City prior to its
adoption and recording.
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(d)Bulk Regulations.The maximum amount of total building square footage for
buildings one (1),two (2)and four (4)shall be limited to 8,500 square feet and the
maximum amount of total building square footage for building three (3)shall be
limited to 13,500 square feet.The following bulk regulations shall be applicable
as generally shown on the Development Plan:
(i)Front Yard Building Setback.The minimum building front yard setback
along University Avenue shall be forty (40)feet.
(ii)Rear Yard Building Setback.The minimum rear yard building setback
shall be thirty (30)feet.
(iii)Side Yard Building Setback.The minimum side yard setback(s)shall be
twenty-five (25)feet.
(iv)Setback Between Buildings.The minimum setback between buildings
internal to the site Project shall be twenty-five (25)feet.
(ii)Building Height.Buildings one (1),three (3)and four (4)shall be one-
story with a maximum height of twenty-five (25)feet.Building two (2)
shall be a maximum of two-story with a maximum height of forty (40)
feet.
(e)Parking.A minimum oftbree (3)parking stalls per 1,000 square feet of the gross
floor area of the building shall be provided for each building within the.
development.The parking lot shall be setback from University Avenue a
minimum offifteen (15)feet.
(f)Buffer and Open Space Requirements.
(i)Existing Vegetation.Developer acknowledges that the property currently
contains a substantial-amount of vegetation.The three rows of existing
trees as depicted on Exhibit "C"that are within thirty (30)feet ofthe west,
north and east property lines shall not be removed except as necessary to
construct a storm sewer outfall.Prior to construction,a temporary fence
will be required to be installed to protect any trees from being removed.A
number of trees internal to the site will have to be removed in order to
construct the sit 17 as a commercial office park,however,the Developer
agrees to work with the City at the time of site plan approval to save other
trees internal to the site when grading and site layout allows.All trees
proposed to be removed must be approved at the time of site plan approval
by the City.
{ii)Landscaped Buffer.Developer shall provide a twenty-five (25)foot
landscape buffer along the west,north and south property lines of the
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Property.Within the south one hundred fifty (150)feet of buffer along the
east property line where the existing vegetation is less substantial,a
minimum of two (2)overstory trees (minimum 2"caliper),two (2)
evergreens (minimum 6'in height),and one (1)ornamental tree
(minimum I"caliper)shall be planted for every fifty (50)linear feet of
buffer.
(iii)Open Space.A minimum of thirty (30)percent open space shall be
required which shall include the landscaped buffer,detention pond and
open space internal to the parking lots.
(iv)Trees.A minimum of two (2)trees per 1,500 square feet of required
open space and six (6)shrubs per 1,000 square feet of the required open
space shall be provided on the Property in addition to the existing trees
that will not be removed.Based upon the minimum number of trees
required,fifty (50)percent of the required trees shall be over-story trees
(minimum 2 inch caliper)and twenty-five (25)percent ofthe trees shall be
evergreens (minimum 6 feet in height).
(g)Architectural Requirements,In addition to the minimum architectural standards as
defined within Section 304,Site Plan Ordinance,of the City.ofWaukee Code of
Ordinances,Developer agrees to the following requirements:
(i)All buildings shall be designed to include brick,stone or glass on at least
eighty (80)percent of each elevation.Brick used on the buildings shall be
of a residential style with a maximum height of four (4)-inches.
(ii)All buildings shall include a pitched roof
(h)Signage.
(i)Monument Signs.One (.1)monument sign shall be permitted along
University Avenue.The sign shall be a maximum of twenty-five (25)feet
tall,ten (10)feet wide,and one hundred (100)square feet in sign area per
face.The minimum sign setback shalt be twenty five (25)feet.The
minimum sign setback may be reduced as long as the height of the sign is
reduced proportionatclyto the sign setback.In no case,however,shall the
sign be setback less than ten (10)feet from the property line.Monument
sign shall-be constructed of similar materials used within the buildings -and
shall be internally lit.Low level landscape lighting may be installed to
illuminate the base of the monument sign as a part of the landscape
lighting.
(ii)DirectIOnal Monument Signs Within the development along the shared
entrance drive,there shall be one (1)directional monument sign for -each
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building.Each directional monument sign shall be a maximum of six (6)
feet tall,five (5)feet wide,and thirty (30)square feet in sign area per face.
Each directional monument sign shall be constructed of materials that are
consistent with the buildings in the development.The directional
monument signs shall be designed to be compatible with the monument
sign.Each directional monument sign may include the building tenant
name and address and shall be internally lit.Low level landscape lighting
may be installed to illuminate the base of the monument sign as a part of
the landscape lighting.
(i)Lighting.All lighting shall be installed pursuant to the regulations within Section
304 Site Plan Ordinance of the City of Waukee Code of Ordinances.Parking lot
pole lighting shall not exceed twenty-five (25)feet from -grade to the top of the
lighting fixture.
3.Runs with Land.The obligations under this Agreement shall run with the land
and be binding upon the future owners of the Property.
4.Warranty-of Title.Developer hereby warrants to the City to defend Developer's
title to the Property for purposes of this Agreement.
5.Amendment.The terms of this Agreement may be amended by mutual agreement
of the parties hereto,but any such amendment shall be in writing and shall be filed of record with
the Dallas County Recorder.
6.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
7.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 s~e manner
as if such unenforceable or inapplicable provisions had never been contained herein;
8.Governing Law.This Agreement shall be governed by and construed in
accordance with the laws ofthc State of Iowa,
9.Commencement of Project/Reversion of Zoning.Failure of the Developer to
obtain a building permit for one (1)building within the Project and to substantially commence
construction of such improvements on the first building before January 1.2009 ("Start Date"),
shall be deemed sufficient cause for the City to rezone the Property back to A-I (Agricultural
District).Property Owner hereby waives any objection to any such future rezoning to the A-I
zoning classification pursuant to the terms of this Paragraph.Notwithstanding the foregoing,
Developer shall have the option to extend the Start Date for up to one year to the extent
necessary to finalize construction or lender requirements.
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10.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.
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IN WITNESS WHEREOF,the parties have executed this Agreement as of the date first
above written.
Attest:
DEVELOPER:
CITY OF WAUKEE
7
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STATE OF IOWA )
)ss.
COUNTY OF DALLAS)
iJ'.REBECCA D.SCHUE!!i ~Commlsslon Number 716496
••MyCommlsslon_Elq:llres
O'fl May 13,2011
Notary Public in and for the
State of Iowa
My Commission expires DS"/IJ /IL1I
STATE OF IOWA )
COUNTY OF !tJLC-
)ss.
)
On this/,rC'day of ~f1<,2008,before me,the undersigned,a Notary Public in
and for the State of :::CO",),!t ,personally appeared 6rbi;*,d&>.f ,to me personally
known,who being by me duly sworn,did say that the pcrs is the Pr~s;d_Q 1-of KC
HOLDINGS,INC.,-an Iowa corporation,and that the instrument was signed on behalf of said
corporation by authority of its managers;and that said person acknowledged the execution of the
foregoing instrument to be the voluntary act and deed of the limited liability company by it
voluutarilyexeeuted.~L
Notary Public in aud for
the State oflowa
My Commission expires I/·;>L,/'.Jc/IJ
~
CANDACE S.FREEMANf-.'\.Ocmrnlselon Number 128965.,.'MJZ"2i~2JJ~:'
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Exhibit A
Legal Description of Property
A TRACT OF LAND IN THE SOUTH ONE-HALF OF THE SOUTHWEST QUARTER (S Vo)
SW 1/4)OF SECTION 35,TOWNSHIP 79 NORTH,RAi'lGE 26 WEST OF THE 5TH P.M.,
DALLAS COUNTY,IOWA,MORE PARTICUALRY DESCRIBED AS FOLLOWS:
COMMENCING AS A POINT OF REFERENCE AT THE SOUTH QUARTER (1/4)CORNER
OF SAID SECTION 35;(FOUND CHlSELED CROSS-SECTION);THENCE WEST 545.0
FEET ALONG THE SOUTH LINE OF SAID SW Y.TO A POINT (NOT IDENTIFIBD);
THENCE NORTH 60.0 FEET TO THE POINT OF BEGINNING (SET 5/8"LR.WITH CAP
NO.5931)ON THE NORTH RIGHT-OF-WAY OF UNNERSITY AVENUE;'THENCE
CONTlNUING NORTH 407.0 FEET TO A POINT (SET 5/8"I.R.WITH CAP NO.5931);
THENCE WEST 467.0 FEET TO A POINT (SET 5/8"LR.WITH CAP NO.5931);THENCE
SOUTH 407.0 FEET TO A POINT (SET 5/8"I.R.WITH CAP NO.5931)SAID POINT BEING
IN A FENCE ON THE NORTH RIGHT-OF-WAY OF UNIVERSITY AVENUE;THENCE
EAST 467.0 FEET ALONG SAID RIGHT-OF-WAY TO THE POINT OF BEGINNING AND
CONTAINS 4.36 ACRES EXCLUSNE OF ROAD RIGHT-OF-WAY.
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Exhibit "B"
Development Pian
IIMOI '33~nIlM &
3nN3/\II AlISm/\INn e;OLe;t
.""",,"'"..'"
"'",-"~Uo",,,",,,,,NVld IN3~d013A3a Id3JNOJ
lIfDH3Y'lY'lOJ >ll;lil'd ]JI.:I.:IO (1)-:>)and -a.rxursro!I ',I'
i Ii
23
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Exhibit "e"
Existing Tree Survey of Property
24
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"i"Q"~n i°b'nt"'(.01 1 Book 2008 Page 9070p.j 1 11 of \I0,".~.
Book 2012 Page 2166022of22