The URL can be used to link to this page

Home My WebLink About2019-10-07-Resolution 19-367_Preannexation Agreement, Four Seasons Properties IncTHE CITY OF WAUKEE, IOWA RESOLUTION 19-367 RESOLUTION APPROVING PREANNEXATION AGREEMENT WITH FOUR SEASONS PROPERTIES, INC. (TIMBERLINE CAMPGROUND) IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, Four Seasons Properties, Inc. has submitted an Application for Voluntary Annexation with the understanding that the conditions set forth in the Pre -annexation Agreement, hereto attached, is approved by the Waukee City Council: NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa in session this 71h day of October 2019 that the Preannexation Agreement between Four Seasons Properties, Inc. and the City of Waukee, Iow ve . les Bottenberg, Mayor Pro Tem Attest: Ll� V, A Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE Anna Bergman X R. Charles Bottenberg X Courtney Clarke X Shelly Hughes X Larry R. Lyon X NAY ABSENT ABSTAIN .................................... _........ ............. Doc ID: 007880680007 Type: AGR Recorded: 10/18/2019 at 10:22:02 AM Fee Amt: $37.00 Page 1 of 7 Dallas County Iowa Chad C. Airhart RECORDER File# SK2019 PG19681 PREANNEXATION AGREEMENT Four Seasons Properties, Inc.; City of Waukee, IA Recorder's Cover Sheet Preparer Information (name, address and phone number): Steven P. Brick Brick Gentry Law 6701 Westown Pkwy., Ste. 100 West Des Moines, IA 50266 Phone: (515) 274-1450 Bill/Return Document to (name and complete address): Rebecca D.Schuett City of Waukee 230 W. Hickman Rd. Waukee, IA 50263 Phone: (515) 978-7904 Legal Description: LOT 2,3 AND LOT B OF TIMBERLINE RANCH ESTATES, AN OFFICIAL PLAT, DALLAS COUNTY, IOWA Parcel #1605451001, 1605451003, 1605451004 Document or Instrument Number of Previously Recorded Documents: PREANNEXATION AGREEMENT THIS PREANNEXATION AGREEMENT ("Agreement") is made and entered into by and between FOUR SEASONS PROPERTIES, INC (the "Owners"), and the City of Waukee, Iowa (the "City"). WITNESSETH: WHEREAS, the Owners are the legal titleholder of certain real estate in unincorporated Dallas County, Iowa, legally described on Exhibit "A" attached hereto and incorporated by this reference herein. A map is attached depicting the land area and its relationship to the existing City limits for reference purposes as Exhibit `B". Said real estate is hereinafter referred to as the "Subject Property." WHEREAS, the Owner now desires to have the Subject Property voluntarily annexed to the City of Waukee, subject to certain conditions as hereinafter provided. WHEREAS, the City is in agreement that the conditions to be performed by the City as hereinafter provided shall become a binding obligation of the City upon the completion of the annexation of the Subject Property to the City; NOW, THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: 1. Subject Property will be brought into the City under the A-1 (Agricultural District) zoning classification. Dwellings and appurtenant structures currently in existence on the Subject Property at the time of annexation, which may not conform to the current requirements of the City Code of Ordinances, shall be allowed to remain. However, no such structure which may be non -conforming under the current requirements of the City Code of Ordinances shall be enlarged or altered in a way which increases its non -conformity. Should such non- conforming structure be destroyed by any means to an extent of sixty (60) percent or more of its assessed value at time of destruction, it shall not be reconstructed except in conformity with the current requirements of the City Code of Ordinances. Owners will not be required by the City to connect to municipal utilities until the Owners formally request service from the City. The Owners may request connection to the municipal utilities upon approval of this Agreement and submittal of an Application for Voluntary Annexation if such municipal utilities are available. Upon any such connection to any such municipal utilities, the Owners shall be responsible for all costs associated with connecting to the municipal utilities including any connection fees established. 4. Owners will be entitled to tax transitioning as authorized under the Code of Iowa to assist in making the transition from Dallas County to the City of Waukee. The tax transitioning progresses as follows: (a) In the first year the Subject Property is taxed by City — 75% abatement (b) Second year — 75% abatement (c) Third year — 60% abatement (d) Fourth year — 60% abatement (e) Fifth year — 45% abatement (f) Sixth year— 45% abatement (g) Seventh year — 30% abatement (h) Eighth year — 30% abatement (i) Ninth year — 15% abatement 0) Tenth year— 15% abatement WHEREAS, it is understood and agreed that the Owners will file an Application for Voluntary Annexation of the Subject Property subject to the conditions set forth in this Pre - annexation Agreement. All provisions set forth above shall survive the annexation of Subject Property and shall thereafter be binding on the City and Owners. In the event that the annexation of the Subject Property is not approved in a final unappealable decision, this agreement shall be null and void. This Agreement shall be binding on and shall inure to the benefit of all successors, assigns and grantees of the City and Owner. If the Owners request and are connected to municipal utilities prior to completion of the annexation of the Property, the Owners, its successors and assigns cannot withdraw the Application for Voluntary Annexation. 2 IN WITNESS WHEREOF, this Agreement is made and executed this —PM day of l7GVotC ��lA/ M. Four Seasons Properties Inc. CITY OF AUKEE ,IOW By: illiam . P ard, Mayor Attest: �� Rebecca D. Schuett, City Clerk M STATE OF IOWA ) SS COUNTY OF'1 03,5 ) On this JD day of!5CPt?P1A.L Y' , 20J-5 , before me the undersigned, a Notary Public in and for said County and the State of Iowa, personally appearedrh,Il o _-we personally own, who being by me duly sworn, did say that that person is tu� JkP. of the corporation executing the foregoing instrument; that (the seal affixed to said instrument is the seal of the corporation or no seal has been procured by the corporation) and that the instrument was signed (and sealed) on behalf of the corporation by authority of its Board of Directors; that acknowledged the execution of the instrument to be the voluntary act and deed of the corporation, by it and by him voluntarily executed. Notary Public in and for the State of Iowa �.� BETH RICHARDSON Commission Number 701731 My i in xpkes or� My Commission expires3l(q%1 STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this 1� day of 1a a yz� , 2019, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared William F. Peard and Rebecca D. Schuett, to me personally known, who being by me duly sworn, did say that they are the Mayor and City Clerk of the City of Waukee, Iowa, a municipal corporation, executing the within and foregoing instrument and acknowledged that they executed the same as their voluntary act and deed of the City of Waukee, by it and by them voluntarily executed. -fl t,, KATHRYN E PURVIS - -� P Canmission Number 794513 MyCammission Expires otary Pu lic in and for the State of Iowa ar February 10, 2022 EXHIBIT A Legal Description LOT 2, 3 AND LOT B OF TIMBERLINE RANCH ESTATES, AN OFFICIAL PLAT, DALLAS COUNTY, IOWA. Parcel # 1605451001, 1605451003, 1605451004 EXHIBIT B: Map of Proposed Annexation Area