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Home My WebLink About2006-11-27-Resolutions 06-236_Annexation - Torstensen Pre Annex AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 06-236 RESOLUTION APPROVING THE PRE-ANNEXATION AGREEMENT BETWEEN THE CITY OF WAUKEE AND TED A.TORSTENSEN IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City Council of the City of Waukee conducted a public hearing on annexation which included property owned by Ted A.Torstensen as non-consenting;and WHEREAS,after the hearing on November 6,2006,the City Council proceeded to approve the voluntary annexation of property including non-consenting property and providing a transition for the imposition of taxes which included the property owned by Mr.Torstensen; WHEREAS,after the annexation hearing and subsequent action by the City Council of the City of Waukee,Mr.Torstensen submitted a preannexation agreement and application for voluntary annexation seeking Council approval of the annexation agreement and the conversion of their property's annexation to voluntary; WHEREAS,due to the timing of the submissions,the City Council did not have on its agenda the consideration of the annexation agreement for the Torstensen property as required by Iowa law and consequently opted to consider the agreement and its potential approval as well as the voluntary annexation at a subsequent meeting;and WHEREAS,the City Council having considered the preannexation agreement involving the Torstensen property together with the voluntary annexation application finds that the same should be approved. BE IT THEREFORE RESOLVED,by the City Council of the City of Waukee,Iowa that as part of the armexation resolution passed on November 6,2006 by the Waukee City Council which included property owned by Ted A.Torstensen as described below as non-consenting property,be noted in the record as deemed annexed voluntarily in accordance with Iowa law. Ted A.Torstensen IRREG 2.626AC SE NW &IRREG 3.029 AC NE SW of Section 8 Township 78 Range 26 being a part of Dallas County Iowa [Parcel ill: 000010003050000 (010-305)] BE IT FURTHER RESOLVED,that the preannexation agreement submitted for consideration by the City Council of the City of Waukee dated November 22,2006 and executed by the property owner Ted A.Torstensen should be and the same is hereby approved subject to final approval of the annexation of November 6,2006 by the City Development Board of the State of Iowa. Dated this 27th day of November,2006. Attest: ROLL CALL VOTE Donald L.Bailey,Jr. Isaiah McGee JeffV.Mertz Darlene Stanton Mike Watts AYE X X X X f NAY ABSENT X 2 PREANNEXATION AGREEMENT THIS PREANNEXATION AGREEMENT ("Agreement")is made and entered into by and betweenaZ;;:;4f;;;=_Q:,tn (the "Owner"),and the City of Waukee,Iowa (the "City"). WITNESSETH: WHEREAS,the Owner is 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.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 tile annexation ofthe Subject Property to tile City;NOW,THEREFORE, IT IS AGREED BY THE PARTIES AS FOLLOWS: 1.Owner will not be required to connect to City water until such time as Owners'well is no longer functioning to Owners'satisfaction and/or not to applicable govemment standards such that a new water source is required and/or other altematives are not available.At the time of hook up or connection,Owner will be assessed the connection fee adopted by the City Council of the City of Waukee,if any. 2.Owner will not be required to connect to the City's sanitary sewer until tile Owner formally request service from the City.The Owner shall be responsible for all costs associated with connecting to the City's sanitary sewer including a connection fee computed for one (l)acre of the Subject Property in all amount not to exceed $4,000.00 if only the primary residence currently existing on the Subject Property is connected,with any remainder due under the connection fee ordinance deferred until other structures requiring sanitary sewer are constructed or the property is subdivided traditionally or by plat of survey.Should Owner subdivide or otherwise add residences to tile Subject Property at any time in the future,the property shall then be subject to the remaining balance ofthc connection fee established for all relevant property in the manner prescribed in the applicable ordinance. 3.Owner will be entitled to tax abatement as authorized under the Code ofIowa to assist in making the transition from Dallas County to the City of Waukee.The abatement progresses as follows: (a)In the first year the Subject Property is taxed by City -75%abatement (b)Second year-75%abatement 1 (c)Third year-60%abatement (d)Fourth year -60%abatement (e)Fifthyear-45%abatement (f)Sixth year -45%abatement (g)Seventh year -30%abatement (h)Eighth year -30%abatement (i)Ninth year -15%abatement (j)Tenth year -15%abatement II 4.Subject Property will be brought into the City under the A-I zoning classification which currently allows open burning if allowed under applicable laws or other ordinances or regulations,as may change from time to time. 5.Owner will not be required to pave existing driveway until such time in the future when the Subject Property is subdivided or otherwise developed so that it is no longer a single residence property, 6.Owner will not be required to add sidewalks until such time in the future when the Subject Property is subdivided or otherwise developed so that it is no longer a single residence property. 7.Dwellings and appurtenant structures currently in existence 011 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 ally 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 tl1e current requirements of the City Code of Ordinances. 8.Public trails shall not be built on any part of Subject Property,without the written consent of Owner. 9.Subject Property will not be specially assessed in the mannerprovided in section 384.42- 384.79 Code ofIowa (2005)for any utility,sewer,water,storm water facilities,pumping stations,parks,arterial streets,trails,street lights or public improvements sidewalks,fire hydrants,bike trails,parks,water,gas,R-22/Ute Avenue improvements that are completed within the 10 years following the execution ofthis agreement except for those assessment and connection fees discussed in Paragraphs I &2 of this agreement.111is provision of this agreement shall terminate and not apply in the event that the Subject Property is subdivided either traditionally or by plat of survey.However,the Owner understands and agrees that they will be responsible for all rates,fees,taxes levied and/or charges paid by other residential property owners and/or utility customers in the City, imposed or existing now or in the future. 2 WHEREAS,it is understood and agreed that the Owner 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.In the event that the annexation ofthe 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. IN WITNESS WHEREOF,this Agreement is made and executed this ';).:2.,day ofAtv,2006. Gloria Wright Iowa Notarial Seal Commission Number 725293 My Commission Expires 10/30/2009 By: Printed Name: Title:Owner (s) CITY OF WAUKEE ,IOWA By:"" Attest./~)~ Jeff Kooiff/litYClerki Administrator STATE OF IOWA,COUNTY OF Ott IltlS This instrument was acknowledged before me on J0tVt!1IIaU.1'1 ,2006,by W;\Ii 4,11 [PloifZl trvld Jelfy(\{L ILO()I~hr4'as .,V10rd'!au cl tAtylljtJUlivl i?tvll \w of jU (J \'-1 tJf Uktl,f l""i)i'-1(,L.:t=(W=I'----_ ~llLJ;uLL Notary Public in and ffi';.said State _"'.REI3E.CCt\D.SCHUETIf'AQ'T-Oomrnlaclcn J\lumber 716496 .~.My Commission Expires lOW"May i 3,200B 3 STATE OF IOWA ) ) )\ICOUNTYOFDALLAS On this dLtt>1 day of ))()\J(./lJU kef ,2006,before me,the undersigned,aN otary Public in and for said County and State,personally appeared William F.Peard and Jeffrey L.Kooistra,to me personally known,and who,being by me duly sworn,did say that they are Mayor and 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 in behalf of the corporation, by authority of its City Council,as contained in Resolution No.iXn-8310 adopted by the City Council on thed'/'fJ'l dayof AJdJ(,utht II ,2006,and that William F.Peard and Jeffrey L.Kooistra acknowledge 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. Notary Public in and for the State ofIowa iJ"'.REBECCA D.SCHUETIf_"';-:Commission Number 716496 •:r"My CommissionExpires /0'/1 May 13,2008 EXHIBIT A Legal Description Ted Alan/Ted A.Torstensen,3242 Ute Ave.,Wankee,IA 50263 lRREG 2.626AC SE NW &IRREG 3.029 AC NE SW of Section 8 Township 78 Range 26 being a part of Dallas Conntylowa [Parcel ID:000010003050000 (010-305)] 5