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HomeMy WebLinkAbout2011-05-23-Ordinance 2693_Urban Renewal Plan, Waukee Unified Amendment 1ORDINANCE NO.2693 AN ORDINANCE AMENDING ORDINANCE NOS.1-10-89,2156, 2204,2334,2344,2388,2398,2409,2475 and 2604,PROVIDING THAT GENERAL PROPERTY TAXES LEVIED AND COLLECTED EACH YEAR ON ALL PROPERTY LOCATED WITHIN THE AMENDED WAUKEE UNIFIED URBAN RENEWAL AREA,IN THE CITY OF WAUKEE,COUNTY OF DALLAS,STATE OF IOWA,BY AND FOR THE BENEFIT OF THE STATE OF IOWA,CITY OF WAUKEE, COUNTY OF DALLAS,DES MOINES AREA COMMUNITY COLLEGE,WAUKEE COMMUNITY SCHOOL DISTRICT,VAN METER COMMUNITY SCHOOL DISTRICT,AND OTHER TAXING DISTRICTS,BE PAID TO A SPECIAL FUND FOR PAYMENT OF PRlNCIP AL AND INTEREST ON LOANS,MONIES ADVANCED TO AND INDEBTEDNESS,INCLUDING BONDS ISSUED OR TO BE ISSUED,INCURRED BY THE CITY IN CONNECTION WITH THE AMENDED WAUKEE UNIFIED URBAN RENEWAL AREA WHEREAS,the City Council ofthe City of Waukee,State ofIowa,has heretofore,in Ordinance Nos.1-10-89,2156,2204,2334,2344,2388,2398,2409,2475 and 2604,provided for the division of taxes within Waukee's urban renewal areas,pursuant to Section 403.19 of the Code ofIowa;and WHEREAS,all prior Waukee urban renewal areas have been unified into one combined area and,by adoption of Resolution 11-80,dated May 23,2011,additional territory now has been added by Amendment No.1 to the newly-named Waukee Unified Urban Renewal Area of the Waukee Unified Urban Renewal Plan ("Urban Renewal Plan"or "Plan");and WHEREAS,indebtedness has been incurred by the City,and additional indebtedness is anticipated to be incurred in the future,to finance urban renewal project activities within the amended Waukee Unified Urban Renewal Area,and the continuing needs of redevelopment within the amended Waukee Unified Urban Renewal Area are such as to require the continued application of the incremental tax resources of the amended Waukee Unified Urban Renewal Area;and WHEREAS,the following enactment is necessary to accomplish the objectives described in the premises. NOW,THEREFORE,BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WAUKEE,STATE OF IOWA,THAT: Ordinance Numbers 1-10-89,2156,2204,2334,2344,2388,2398,2409,2475 and 2604 are hereby amended to read as follows: Section 1:For purposes of this Ordinance,the following terms shall have the following meamngs: -1- (a)Original Urban Renewal Area shall mean the Resolutions adopted on the dates shown below,which consist of the following Areas and which have been combined into one Area within the newly-named Waukee Unified Urban Renewal Area: I (1)Waukee Urban Renewal Area shall mean that portion of the City of Waukee,State ofIowa,approved by Resolution No.93 on the 13th day of December,1988,which Area includes the lots and parcels located within the area legally described as follows: Waukee Urbau Renewal Area (1988) The Northwest Quarter (NW \/,,)of Section Thirty-five (35), Township Seventy-nine (79)North,Range Twenty-six (26)West, Fifth P.M.,City of Waukee,Dallas County,Iowa. (2)Waukee Southwest Urban Renewal Area shall mean that portion of the City of Waukee,State ofIowa,approved by Resolution No.197 on the 15th day of June,1992,which Area includes the lots and parcels located within the area legally described as follows: Waukee Southwest Urban Renewal Area (1992) A tract of land of portions of Government Lot 4 and Government Lot 5,all in Section 5,Township 78 North,Range 26 West of the 5th Principal Meridian in and forming a part of the City of Waukee, Dallas County,Iowa,and more particularly described as follows: Commencing at the northwest comer of said Section 5,Township 78 North,Range 26 West with the west line of said section having an assumed true bearing ofS 0°00'00"W,with all subsequent bearings referenced therefrom;thence N 89°55'04"E,a distance of forty (40)feet;thence S 0°00'00"W,a distance of nine hundred eighty-nine and forty-one hundredths (989.41)feet to the point of beginning;thence N 89°57'E,a distance of five hundred two and sixty hundredths (502.60)feet;thence S 58°34'31"E,a distance of three hundred fifty-one and two tenths (351.2)feet; thence N 89°56'16"E,a distance of four hundred seventy and twenty hundredths (470.20)feet to a point on the east line of Government Lot 4;thence S 0°08'31 "W,a distance of one thousand six hundred fifty-nine and twenty-eight hundredths (1,659.28)feet;thence S83°22'09"W,a distance of one thousand two hundred seventy-six and twenty-six hundredths (1,276.26) feet;thence N 0°00'00"E,a distance of five hundred twenty-nine I -2- and thirty-four hundredths (529.34)feet;thence N 83"11"E,a distance of ninety-seven and seventy-two hundredths (97.72)feet; thence NO"00'00"E,a distance of one hundred fifty-seven (157) feet;thence S 83"11'W,a distance of ninety-seven and seventy- two hundredths (97.72)feet;thence N 0"00'00"E,a distance of twenty-five (25)feet;thence N 83"11'E,a distance of five and four hundredths (5.04)feet;thence NO"00'00"E,a distance of eight hundred fifty-three and thirty hundredths (853.30)feet; thence S 83"11'W,a distance of five and four hundredths (5.04) feet;thence N 0"00'00"E,a distance of four hundred twenty- three and seventy-five hundredths (423.75)feet to the point of beginning.The above described parcel containing fifty-two and seventy-nine hundredths (52.79)acres,more or less. (3)Enterprise Business Park Urban Renewal Area shall mean that portion of the City of Waukee,State ofIowa,approved by Resolution No.335 on the 20th day of March,1995,which Area includes the lots and parcels located within the area legally described as follows: Enterprise Business Park Urban Renewal Area (1995) A parcel ofland located in Section 27 and Section 28,Township 79 North,Range 26 West of the fifth principal meridian,City of Waukee,Dallas County,Iowa,being described as follows: Beginning at the southwest comer of said Section 27,thence north 90"00'00"west,50.00 feet;thence north 00"27'01"east,1,402.56 feet;thence north 90"00'00"east,100.00 feet;thence south 00"27'01"west,130.00 feet;thence north 90"00'00"east,723.42 feet;thence southeasterly,109.02 feet along the arc ofacurve concave southwesterly and having a central angle of31"13'58",a radius of200.00 feet and a chord that bears south 74"23'01"east, 107.68 feet; Thence south 58"46'02"east,502.59 feet; Thence southeasterly,205.14 feet along the arc ofa curve concave southwesterly and having a central angle of 58"46'02",a radius of 200.00 feet and a chord that bears south 29"23'01"east,196.26 feet; Thence south 00"00'00"east,811.92 feet to the south line of said Section 27; -3- Thence north 90°00'00"west,1,413.18 feet along the south line of said Section 27 to the point of beginning containing 40.55 acres more or less. A permanent 100.00 foot wide storm sewer and surface flowage easement located in the southeast quarter of Section 28,Township 79 North,Range 26 West of the Fifth Principal Meridian,City of Waukee,Dallas County,Iowa,whose centerline is described as follows: Commencing at the southeast comer of said Section 28, Thence north 00°27'01'east,1,196.42 feet along the east line of said section 27 to the point of beginning of said centerline; Thence north 57°15'16"west,690.09 feet;thence north 89°58'52" west,406.00 feet;thence north 35°58'52"west,185.00 feet;thence north 05°36'48"east,329.00 feet;thence north 34°51 '17"east, 349.00 feet; Thence north 12°01'08"east,318.37 feet more or less to the north line of the southeast quarter of said Section 28 and the point of termination of said centerline.The edges of the easement are to be extended or shortened to terminate at the east and north lines of the southeast quarter of said Section 28.The easement contains 5.23 acres more or less.This includes 0.09 acres more or less of road right-of-way,The bearing on the east side of Section 28 is assumed. 1 (4)Waukee Urban Renewal Area shall mean that portion of the City of Waukee,State ofIowa,approved by Resolution No.00-226 on the 18th day of December,2000,which Area includes the lots and parcels located within the area legally described as follows: Waukee Urban Renewal Area (2000) Walnut TWP,T79N,R26W The SW y,.and SE y,.Section 28. The S Y,ofSE y,.ofNE y,.ofSE y,.,Section 33,consisting of5 acres. The E Y,of the NW y,.of Section 33 of those City blocks that fOlID the Downtown Business District including:Lots 13 tlnough 18, -4- Block 9,Waukee I"Addition,Lots 21 through 26 and vacated street right-of-way north of Lot 26,Block 10,Waukee 1st Addition; Block 9,Waukee Original Town;Lots 11 through 22,Block 11, Waukee 1st Addition;Blocks 7 and 8,Waukee Original Town and parcels north of Blocks 7 and 8 and south of railroad right-of-way; Blocks 9,10,and 11,Waukee Original Town. W Yo of Lot 3,Candleridge Park,an official plat in the NE Y.or Section 33. The SE Y.of Section 27. A parcel of land in Section 27,more particularly described as follows: Beginning at the southwest comer of said Section 27;thence North 90°00'00"West,50.00 feet;thence North 00°27'01"East,1,402.56 feet;thence North 90°00'00"East,100.00 feet;thence South 00°27'01"West,130.00 feet;thence North 90°00'00"East,723.42 feet;thence Southeasterly 109.02 feet along the arc of a curve concave southwesterly and having a central angle of31 °13'58",a radius of200.00 feet and a chord that bears South 74°23'01"East, 107.68 feet;thence Sonth 58°46'02"East,502.59 feet;thence Southeasterly 205.14 feet along the arc ofa curve concave southwesterly and having a central angle of 58°46'02",a radius of 200.00 feet and a chord that bears South 29°23'01"East,196.26 feet;thence South 00°00'00"East,811.92 feet the south line of said Section 27;thence North 90°00'00"West,1,413.18 feet along the south line of said Section 27 to the point of beginning containing 40.55 acres,more or less. A parcel ofland located in Section 27,being described as follows: Beginning at the South Y.corner of said Section 27;thence North 90°00'00"West,1,224.51 feet;thence North 00°00'00"West, 811.92 feet;thence northwesterly,59.31 feet along the arc of a curve concave southwesterly and having a central angle of 16°59'32",a radius of 150.00 feet and a chord that bears North 08°29'46"West,59.10 feet;thence NOlih 31 °13'58"East,236.60 feet;thence southeasterly 70.92 feet along the arc of a curve concave northeasterly and having a central angle of 12°18'47",a radius of330.00 feet and a chord that bears south 75°38'24"East, 70.78 feet;thence North 00°00'00"West,1,581.10 feet,to a point on the north line of the Southwest Y.of said Section 27;thence South 89°59'30"East,1,065.15 feet,along the north line of Southwest Y.of said Section 27,to center of said Section 27; -5- thence South 00°30'12"West,2,636.17 feet along the west line of the Southwest Y4of said Section 27,to the point of beginning containing 68.00 acres,more or less. The E Y2of the NE Y4and E Y2of the SE Y4of Section 34. The W Y2ofthe NE Y4of Section 35 except those properties which are located outside the corporate City limits of Waukee.The W Y2 ofthe SW Y4of Section 35.The NW Y4of the Section 35. The SW Y4ofSW Y4of Section 26. A parcel of land located in Section 26,being described as follows: Beginning at a point on the east line of SW Y4of Section 26,with said point being one thousand thirty-four and five tenths (1,034.5) feet north of the south line of said Section 26;thence easterly three hundred (300.0)feet;thence southerly four hundred ninety-four and five tenths (494.5);thence southeasterly three hundred eighty- seven and thirty-three hundredths (387.33)feet more or less; thence southerly two hundred ninety-five (295.0)fee to a point on the south line of said Section 26 six hundred (600)feet to the southeast comer of SW Y4of the SW Y4of said Section 26;thence northerly along the east line of SW Y4of the SW Y4of said Section 26 to the point of beginning. ] Boone TWP,T78N,R26W Those properties which are located within the corporate limits of City of Waukee more particularly described as follows: NE Y4of SE Y4of Section 7,and the E 15 Ac.ofNW Y4of SE Y4of Section 7. The NW Y4of the SW Y4of Section 8,N ofI-80 except Leonard's Subdivision,an official plat,and except the N 450 feet ofE 500 lying S of Leonard's Subdivision. The E Y2ofSW Y4of Section 8,N ofI-80,and the SE Y4of the NW Y4of Section 8,except Lot 1,Sugar Creek Estates,an official plat, and Except an irregular parcel of2.62 acres in the SE Y4ofNW Y4, and 3.029 acres ofNE Y4of SW Y4of Section 8. The W Y2of SE Y4of Section 8 N ofI-80,and the SW Y4of the NE Y4of Section 8,except Sugar Creek Estates,an official plat and Replat of Oakwood Estates,an official plat. -6- The SE y"of SE y"of Section 8 N ofI-80 except irregular parcel lying north of Sugar Creek. The SW y"of SW y"of Section 9 N ofI-80. The E Y,ofNW y",and the E Y2 of SW y"of Section 9,N of 1-80. The W Y,ofNE 114,and the W Y,ofSE y"of Section 9,N ofI-80. The NE y"ofNE y"of Section 9. The W Y,ofNW y"of Section 10 N ofI-80.The SE y"ofNW y" of Section 10 N ofI-80. The N 568 feet of the W 480 feet of the NE y"ofNW y"of Section 10. The W Y,ofWl12 of Section 3,W of centerline of Waco Place The E Y,ofE Y,of Section 4. The E Y,of the E Y,of the W Y2 ofthe SE y"of Section 4. The G.L.2,G.L.7 and G.L.10 of Section 4. Street Right of Way The City of Waukee Urban Renewal Area includes the full right of way or half right of way of streets which form the boundary of the area.Streets within the Urban Renewal Area include the following: N Y,of University Avenue between Waukee east corporate limits and centerline of Waco Place.Full right of way of University Avenue between centerline of Waco Place and W right of way of Wanior Lane.Full right of way between W right of way of Warrior Lane and E right of way of Ute Avenue (R-22). Full right of way width of Hickman Road (Highway 6)between east right of way line of Tenth Street and east corporate limits extending N and S across Hickman Road and from that point S Y, of right of way to easterly corporate limits. Full right of way width of Alice's Road between S right of way line of Hickman Road to N right of way line of University Avenue,and -7- full right of way between N right of way line of Hickman Road to N line ofSE y"ofSE y"of Section 27,T79N,R26W;the W Yz of right of way from N line of S y"of SE y"of Section 27,T79N, R26W,to N line of S y"of said Section 27. Full right of way width of Warrior Lane between N line ofSW y" of Section 27,T79N,R26W,and N right of way line of University Avenue. Full right of way width of LA Grant Parkway between S right of way line of University Avenue and S line G.L.5 of Section 4, T78N,R26W. Full right-of-way width of Sixth Street (Ute Avenue)from N line of S Y2 of SW y"of Section 28 T79N,R26W to the N right-of-way line ofI-80. The E Yz right-of-way of Tenth Street from the N line of SW y"of Section 28,T79N,R26W to N line of S 420 feet ofNE y"of SE y" of Section 28,and full right of way of Tenth Street from the N line of S 420 feet ofN y"of SE y"of Section 28 to the N right of way line of Hickman Road. The E Yz right-of-way ofU place between N line of SW Y.of SW y"of Section 7 T78N,R26W to N line ofI-80. The W Yz right-of-way ofWace Place from N line of Section 3, T78W,R26W,to S line of said Section 3. (5)Addendum to Waukee Urban Renewal Area shall mean that portion of the City of Waukee,State ofIowa,approved by Resolution No.01-58 on the 15th day of April,2001,which Area includes the lots and parcels located within the area legally described as follows: Addendum to Waukee Urban Renewal Area (2001) Walnut TWP,T79N,R26W Add the following: The S 879.53 feet of the W 1,671.75 feet of SW y"of Section 34 including Centennial Park,a public park; The E 390.94 feet of the S 922.34 feet of the SE y"of the SW y"of Section 33. -8- 1 I Windfield Commercial Plat 1,an official plat,except Lot 11 of said plat; That part of the Southeast Quarter of Section 36,Township 79 North,Range 26 West of the Fifth P.M.,Waukee,Dallas County, Iowa,more particularly described as follows: Commencing at the Southeast Comer of Section 36,Township 79 North,Range 26 West of the Fifth P.M.;thence N 89"59'46"W along the South line of the SE y"of said Section 36 for 262.60 feet; thence N 00"00'14"E for 60.00 feet to a point on the Northerly right-of-way line of University Avenue and being the point-of- beginning;thence N 00"22'23"E for 265.91 feet to a POUlt on the Southerly line of Country Club Meadows,an official plat in Clive, Dallas County,Iowa;thence S 89"59'01"W along the Southerly line of said plat for 300.08 feet;thence S 00"23'23"W for 265.80 feet to a point on the Northerly right-of-way line of University Avenue;thence S 89"59'46"E along said right-of-way line for 300.16 feet to the point-of-beginning.This parcel contains 1.83 acres. Boone TWP,T78N,R26W Add the following: The S Yz of the S Y2 of Section 7,and the SW y"of the SW y"of Section 8,and part of Section 18 all located N of 1-80 and within the Vall Meter Community School District. Street Right-of-Way Add the following: Full right-of-way width of Ashworth Drive except that portion of the right-of-way currently included in the Urban Renewal Area; Laurel Street between Ninth Street and Tenth Street;Maple Street between Seventh Street and Tenth Street;Walnut Street except that portion or the right-of-way currently included in the Urban Renewal Area;Locust Street between Ashworth Drive and Ninth Street;Cherry Street between Fifth Street and Eighth Street; School Street;Denlee Drive;Bell Aire Drive between Third Street and Warrior Lane;Waukee Avenue between First Street and Third Street;Christopher Avenue between First Street and Third Street; Corene Avenue between First Street and Third Street; -9- Tenth Street between Maple Street and Hickman Road (Highway 6);Ninth Street between Locust Street and Ashworth Drive;Eighth Street between Cherry Street and Ashworth drive;Seventh Street; Fifth Street between Cherry Street and Locust Street; Fourth Street between south lot line of Lot 1,Estates Plat 1,on official plat and Ashworth Drive;Third Street between Northview Drive and Ashworth Drive;Kaylin Drive between Northview Drive and Ashworth Drive;Second Street between Corene Avenue and Ashworth Drive;First Street between Corene Avenue and Northview Drive. Delete the following: Full right-of-way width of Ute Avenue (R22)located within unincorporated area of Dallas County between 312'h Place and the North line of the S Y2 ofNW y"of Section 8,T78N,R26W,of the 5th Principal Meridian;and a segment of Ute Avenue located within the unincorporated area of Dallas County between a point 339.6 feet south of the Northwest comer of the NE y"of the SW y" of Section 8,T79N,R26W of the 5th Principal Meridian and a point 397.8 feet North of the Northwest Comer of the NE y"of the SW y"of said Section 8. (6)Addition to Waukee Urban Renewal Area shall mean that portion of the City of Waukee,State ofIowa,approved by Resolution No.02-139 on the 23rd day of September 2002,which Area includes the lots and parcels located within the area legally described as follows: Addition to Waukee Urban Renewal Area (2002) Lots 29 and 30,Parkview Crossing Plat 2 Replat,City of Waukee, Dallas County,Iowa (7)Amendment to the Waukee Urban Renewal Area shall mean that portion of the City of Waukee,State ofIowa,approved by Resolution No.03-10 on the 6th day of January,2003,which Area includes the lots and parcels located within the area legally described as follows: -10- ) I Amendment to the Waukee Urban Renewal Area (2003) Additions Charles Edward Shaffer ETAL SE y"of the NE y"of Section 9,Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,(consisting of approximately 27 acres) And Government Lot 15 and E y"of the SW y"and the West 3/8t18 of the SE y"in Section 4 in Township 78 North,Range 26 West of the 5th P.M.,Dallas County,Iowa,(consisting of approximately 140 acres) Stephen R Grubb Hawthome Ridge Plat 1 Lot 1 (consisting of approximately 3.53 acres) Deletion Granqnist Enterprise Business Park Plat 4 except Lots 12 and 13 (consisting of approximately 4.63 acres) (8)R-22 Addition to the Waukee Urban Renewal Area shall mean that portion of the City of Waukee,State ofIowa,approved by Resolution No.03-98 on the 21 st day of April,2003,which Area includes the lots and parcels located within the area legally described as follows: R-22 Addition to the Waukee Urban Renewal Area (2003) A tract of land in parts of Sections 5,6,and 8,Township 78 North, Range 26 West of the 5th Principal Meridian,Dallas County,Iowa, currently existing by easement or right-of-way and referred to as County Road R-22 and Ute Avenue,with said tract of land being south of 300th Street and North of Interstate 80,as previously -11- described in Book 442,page 496 of Dallas County Recorder's Office.) (9)Addition to the Waukee Urban Renewal Area shall mean that portion of the City of Waukee,State ofIowa,approved by Resolution No.04-159 on the 12th day of July,2004,which Area includes the lots and parcels located within the area legally described as follows: Addition to the Waukee Urban Renewal Area (2004) Added: The property which is being added to the Urban Renewal Area is legally described as: Certain real property situated in the City of Waukee,County of Dallas,State ofIowa,more particularly described as: Hickory Commercial,Plat 1 Section 33 Township 79 Range 26 ] Koethe Addition,Lot 1 Section 33 Township 79 Range 26 Parcel A E Y,ofNE y" Section 33 Township 79 Range 26 Candleridge Park Lot 3,Ex Parcel A Section 33 Township 79 Range 26 Park View Crossing,Lot 56 Lot 57 Section 4 Township 78 Range 26 I -12- Park View Crossing,Plat 4,Lot 1 Section 4 Township 78 Range 26 S420'N Vi SE LYG E ofRR Section 29 Township 79 Range 26 SE SE/EX RR &EX 100'x 153'/except Northem Natural Gas Section 29 Township 79 Range 26 SWSE/EXRR Section 29 Township 79 Range 26 Deleted: Certain real property situated in the City of Waukee,County of Dallas,State ofIowa,particularly described as: Williams Pointe,Plat 5,Lot 2 Section 35 Township 79 Range 26 Outlots B,C,D,E,F ofthe SW Section 27 Township 79 Range 26 (10)Amendment to Consolidate Urban Renewal Areas:Hickman West (original Waukee Urban Renewal Area),Enterprise Business Park,and Waulcee Urban Renewal Areas shall mean that portion of the City of Waukee,State ofIowa,approved by Resolution No.04-272 on the 20th day of December,2004,which Area includes the lots and parcels located within the area legally described as follows: -13- Amendment to Consolidate Urban Renewal Areas:Hickman West (original Waukee Urban Renewal Area),Enterprise Business Park,and Waukee Urban Renewal Areas (2004) A tract of land located in an irregular shaped parcel of land being a part of the East Half (E \1,)of the Southeast Quarter (SE Y.)of Section 34,Township 79 North,Range 26 West of the 5th P.M.as recorded in Book 840 on page 694 in the Dallas County Recorder's Office,Iowa. Said Tract being more particularly described as follows: Commencing as a point of reference at the Southeast Comer of said Section 34;thence North 00°21'43"East (all bearings referenced to Grid North Iowa State Plane Coordinate System South Zone),a distance of 528.57 feet along the east line of said E Y2 of the SE Y.;thence North 89°38'17"West,a distance of 50.00 feet to the west light-of-way line of Alice's Road,said point of beginning;thence South 00°21'43"West,recorded as (S00004'00"E),a distance of 416.30 feet along said west right-of- way;thence South 45°14'20"West,a distance of 74.39 feet (recorded as S 45°12'21"W 74.35 feet),to the north right of way line of University Avenue;thence North 89°53'04"West (recorded as S89°41'53"W),a distance of 131.05 feet along said north right- of-way line to the north line of Union Pacific Railroad right-of- way;thence North 62°48'28"West (recorded as N 63°13'31"W),a distance of 43.17 feet along said railroad right-of-way;thence South 89°49'52"East,a distance of 61.31 feet to a point of curvature;thence northeasterly a distance of 36.65 feet along a curve concave to the northwest having a central angle of70000'00", a radius of30.00 feet,a chord bearing of North 55°10'08"East and a chord distance of 34.41 feet;thence North 20°10'08"East,a distance of 96.62 feet;thence North 27°00'42"East,a distance of 83.93 feet;thence North 20°10'08"East,a distance of 92.37 feet to a point of curvature;thence northeasterly a distance of 180.80 feet along a curve concave to the northwest having a central angle of 19°48'25",a radius of 523.00 feet,a chord bearing or North 10°15'56"East,and a chord distance of 179.90 feet to the point of beginning.Containing 27,830 square feet,more or less.(Note: This is all right of way) I (11)Addition to the Waukee Urban Renewal Area shall mean that portion of the City of Waukee,State ofIowa,approved by Resolution No.07-95 on the 21st day of May,2007,which Area includes the lots and parcels located within the area legally described as follows: -14- Addition to the Waukee Urban Renewal Area (2007) The light-of-way of V Avenue from 312th Place to Ashworth Road Lots Fourteen (14),Fifteen (IS),and Sixteen (16)in Block Twelve (12)in the First Addition to the Town,now City of Waukee,in Dallas County,Iowa; AND That portion of the Southwest Quarter of Section 33 lying west of 6th Street in Waukee,all in Township 79 North,Range 26 West of the 5th P.M.,Dallas County,Iowa; AND Government Lot 3,Section 4,Township 78 North,Range 26 West of the Fifth Principal Meridian,City of Waukee,Dallas County, Iowa. (b)Amendment No.I to Waukee Unified Urball Renewal Area shall mean that portion of the City of Waukee,State ofIowa,described in Amendment No.I to the Waukee Unified Urban Renewal Plan for the Waukee Unified Urban Renewal Area,approved by Resolution __on the 23rd day of May,2011,which Amendment No.I Area includes the lots and parcels located within the area legally described as follows: Amendment No.1 to the Waukee Unified Urban Renewal Area The right-of-way of Cedar Street,Spruce Street and 8th Street, legally described as Lot A of Southview Estates,all Official Plat, City of Waukee,Dallas County,Iowa;and The right-of-way of SE Booth Avenue,legally described as Lot C of Parkview Crossing,all Official Plat,City of Waukee,Dallas County,Iowa;and The right-of-way of SE Prinrrose Lane,legally described as Lot E ofParkview Crossing,all Official Plat,City of Waukee,Dallas County,Iowa;alld The right-of-way of SE Rosenkranz Drive,legally described as Lot D ofParkview Crossing,all Official Plat,City of Waukee,Dallas County,Iowa;and -15- The light-of-way of SE Florence Drive,legally described as Lot H ofParkview Crossing,an Official Plat,City of Waukee,Dallas County,Iowa;and ~) The right-of-way of SE Prairie Park Lane,legally described as Lot A ofParkview Crossing Plat 6,an Official Plat,City of Waukee, Dallas County,Iowa;and The right-of-way of SE Woodcreek Drive,legally described as Lot B ofParkview Crossing Plat 6,an Official Plat,City of Waukee, Dallas County,Iowa;and The right-of-way of SE Parkview Crossing Drive,legally described as Lot C of Park view Crossing Plat 6,an Official Plat, City of Waukee,Dallas County,Iowa;and The right-of-way of SE Pleasant View Drive,legally described as Lot A of Parkview Crossing Plat 7,an Official Plat,City of Waukee,Dallas County,Iowa;and The right-of-way of SE Pleasant View Drive,legally described as Lot C ofParkview Crossing Plat 3,an Official Plat,City of Waukee,Dallas County,Iowa;and ITheright-of-way of SE Prairie Creek Drive,legally described as Lot E ofParkview Crossing Plat 3,an Official Plat,City of Waukee,Dallas County,Iowa;and The right-of-way of SE Prairie Park Lane,legally described as Lot D ofParkview Crossing Plat 2,an Official Plat,City of Waukee, Dallas County,Iowa;and The right-of-way of SE Florence Drive,legally described as Lot C of Park view Crossing Plat 2,an Official Plat,City of Waukee, Dallas County,Iowa;and The right-of-way ofSE Prairie Creek Drive,legally described as Lot E ofParkview Crossing Plat 2,an Official Plat,City of Waukee,Dallas County,Iowa;and The right-of-way of SE Pleasant View Drive,legally described as Lot B of Park view Crossing Plat 2,an Official Plat,City of Waukee,Dallas County,Iowa;and The North half of Hickman Road Right of Way from the east right of way line ofN.10th Street to the SW Corner of the Southeast y" -16- of Section 29,Township 79,Range 26 West of the 5th P.M.,City of Waukee,Dallas County,Iowa;and The right-of-way ofSE LA Grant Parkway (V Avenue)from the southwest comer of Lot 31 ofReplat ofParkview Crossing Plat 2, an Official Plat,City of Waukee,Dallas County,Iowa to the South light-of-way line of312'h Place (SE WestownParkway,City of Waukee,Dallas,County,Iowa;and The NW Y.of the NW Y.of Section 5,Township 78 Range 26 West of the 5th P.M.,City of Waukee,Dallas County,Iowa. The Area includes the right of way of all streets forming the boundary of the Urban Renewal Area. (c)Amended Urban Renewal Area shall mean that portion of the City of Waukee, State ofIowa,included within the Original Urban Renewal Area (described in subsection (a) above)and the Amendment No.1 of Waukee Unified Urban Renewal Area (described in subsection (b)above). Section 2:The taxes levied on the taxable property in the Amended Urban Renewal Area, legally described in Section 1 hereof,by and for the benefit of the State ofIowa,County of Dallas,Iowa,Des Moines Area Community College,Waukee Community School District,Van Meter Community School District,and all other taxing districts from and after the effective date ofthis Ordinance shall be divided as hereinafter in this Ordinance provided. Section 3:As to the Original Urban Renewal Area,base period taxes will remain the same.The Waukee Urban Renewal Area (1988)base period taxes are that portion of the taxes which would be produced by the rate at which taxes are levied each year by or for each of the taxing districts upon the sum total of the assessed value of the taxable property in the urban renewal area,as shown on the assessment roll as of January I,1988,the January 1st prior to the effective date of Ordinance 1-10-89.Such taxes shall be allocated to and when collected be paid into the fund for the respective taxing district as taxes by or for the taxing district into which all other property taxes are paid.The taxes so determined shall be referred herein as the "base period taxes"for such area. As to the Waukee Southwest Urban Renewal Area (1992),base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January 1,1991,being the assessment roll applicable to property in such area as of January 1 of the calendar year preceding the effective date of Ordinance No.2156. As to the Enterprise Business Park Urban Renewal Area (1995),base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January I,1994,being the assessment roll applicable to property in such area as of January I ofthe calendar year preceding the effective date of Ordinance No.2204. -17- As to the Waukee Urban Renewal Area (2000),base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January I, 1999,being the assessment roll applicable to property in such area as of January I of the calendar year preceding the effective date of Ordinance No.2334. As to the Addendum to Waukee Urban Renewal Area (200 I),base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January I,2000,being the assessment roll applicable to property in such area as of January I of the calendar year preceding the effective date of Ordinance No.2344. As to the Addition to Waukee Urban Renewal Area (2002),base period taxes shall be computed in the same marmer using the total assessed value shown on the assessment roll as of January 1,2001,being the assessment roll applicable to property in such area as of January I of the calendar year preceding the effective date of Ordinance No.2388. As to the Amendment to the Waukee Urban Renewal Area (2003),base period taxes shall be computed in the same marmer using the total assessed value shown on the assessment roll as of January I,2002,being the assessment roll applicable to property in such area as of January 1 of the calendar year preceding the effective date of Ordinance No.2398. As to the R-22 Addition to the Waukee Urban Renewal Area (2003),base period taxes shall be computed in the same marmer using the total assessed value shown on the assessment roll as of January 1,2002,being the assessment roll applicable to property in such area as of January 1 of the calendar year preceding the effective date of Ordinance No.2409. As to the Addition to the Waukee Urban Renewal Area (2004),base period taxes shall be computed in the sanie manner using the total assessed value shown on the assessment roll as of January I,2003,being the assessment roll applicable to property in such area as of January I of the calendar year preceding the effective date of Ordinance No.2475. As to the Amendment to Consolidate Urban Renewal Areas:Hickman West (original Waukee Urban Renewal Area),Enterprise Business Park,and Waukee Urban Renewal Areas (2004)which added certain property,there are no base period taxes because the property added was all right of way. As to the Addition to the Waukee Urban Renewal Area (2007),base period taxes shall be computed in the same marmer using the total assessed value shown on the assessment roll as of January I,2006,being the assessment roll applicable to property in such area as of January I of the calendar year preceding the effective date of Ordinance No.2604. As to Amendment No.I to the Waukee Unified Urban Renewal Area,base period taxes shall be computed in the same manner using the total assessed value shown on the assessment roll as of January I,2010,being the assessment roll applicable to property in such area as of January I ofthe calendar year preceding the effective date of this Ordinance. -18- 1 Section 4:That portion of the taxes each year in excess of the base period taxes for the Amended Urban Renewal Area,determined for each sub-area thereof as provided in Section 3 of this Ordinance,shall be allocated to and when collected be paid into the special tax increment fund previously established by the City of Waukee,State ofIowa,to pay the principal of and interest on loans,monies advanced to,or indebtedness,whether funded,refunded,assumed or otherwise,including bonds issued under authority of Section 403.9 or Section 403.12 of the Code ofIowa,incurred by the City of Waukee,State ofIowa,to fmance or refmance,in whole or in part,urban renewal projects undertaken within the Amended Urban Renewal Area pursuant to the Urban Renewal Plan,as amended,except that taxes for the regular and voter-approved physical plant and equipment levy of a school district imposed pursuant to Section 298.2,but only to the extent authorized in Section 403.19(2),and taxes for payment of bonds and interest of each taxing district shall be collected against all taxable property within the Amended Urban Renewal Area without any limitation as hereinabove provided. Section 5:Unless or until the total assessed valuation ofthe taxable property in the areas of the Amended Urban Renewal Area exceeds the total assessed value of the taxable property in the areas shown by the assessment rolls referred to in Section 3 of this Ordinance,all ofthe taxes levied and collected upon the taxable property in the Amended Urban Renewal Area shall be paid into the funds for the respective taxing districts as taxes by or for the taxing districts in the same manner as all other property taxes. Section 6:At such time as the loans,monies advanced,bonds and interest thereon and indebtedness of the City of Waukee,State ofIowa,referred to in Section 4 hereof have been paid,all monies thereafter received from taxes upon the taxable property in the Amended Urban Renewal Area shall be paid into the funds for the respective taxing districts in the same manner as taxes on all other property. Section 7:All ordinances or parts of ordinances in conflict with the provisions of this Ordinance are hereby repealed.The provisions of this Ordinance are intended and shall be construed so as to continue the division of taxes from property within the Original Urban Renewal Area under the provisions of Section 403.19 of the Code of Iowa,as authorized in Ordinance Nos.1-10-89,2156,2204,2334,2344,2388,2398,2409,2475 and 2604,and to fully implement the provisions of Section 403.19 of the Code ofIowa with respect to the division of taxes from property within the Amendment No.1 to the Waukee Unified Urban Renewal Area as described above.In the event that any provision of this Ordinance shall be determined to be contrary to law it shall not affect other provisions or application of this Ordinance which shall at all times be construed to fully invoke the provisions of Section 403.19 of the Code ofIowa with reference to the Amended Urban Renewal Area and the territory contained therein. Section 8:This Ordinance shall be in effect after its final passage,approval and publication as provided by law. -19- PASSED AND APPROVED tbis 23rd day of May,2011. ATTEST: 1 I -20-