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HomeMy WebLinkAbout2007-01-22-Resolutions 07-25_Annexation - Garland Pre Annex AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 07-25 RESOLUTION APPROVING THE ANNEXATION AGREEMENT BETWEEN THE CITY OF WAUKEE AND CHARLES F.AND RITA C.GARLAND 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 Charles F.and Rita C.Garland 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 the Garlands;AND, WHEREAS,on January 17,2007,the City Development Board for the State of Iowa held a public hearing to consider the voluntary annexation including non-consenting owners,after which the City Development Board approved the annexation of both consenting and non- consenting properties;AND, WHEREAS,after the City Development Board annexation hearing and subsequent approval,the Garlands submitted an annexation agreement and application for voluntary annexation to the City of Waukee and are seeking Waukee City Council approval of the annexation agreement and the conversion of their property's annexation to voluntary;AND, WHEREAS,due to the timing of the submission,the City Council did not have on its agenda the consideration of the annexation agreement for the Garland 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 annexation agreement involving the Garland 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 annexation resolution passed on November 6,2006 by the Waukee City Council which included property owned by Charles F.and Rita C.Garland as described below as non- consenting property,be noted in the record as deemed annexed voluntarily in accordance with Iowa law. Charles F.and Rita C.Garland LEONARDS SUB LOT 2 &ROAD being a part of Dallas County Iowa [Parcel ID:000010003060200 (010-306-02)] BE IT FURTHER RESOLVED,that the annexation agreement submitted for consideration by the City Council of the City of Waukee and executed by the property owners Charles F.and Rita C.Garland should be and the same is hereby approved. Dated this 22nd day ofJanuary,2007. Attest: oistra,City Administrator/ClerkJeffre ROLL CALL VOTE Donald L.Bailey,Jr. Isaiah McGee JeffV.Mertz Darlene Stanton Mike Watts AYE X NAY ABSENT X X X X 2 PREANNEXATION AGREEMENT THIS PREANNEXATION AGREEMENT ("Agreement")is made and entered into by and between C~"Y'Ie.t 'of Eb (the "Owner"),and the City of Waukee,Iowa (the "City"). 6a.(/~ 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 the annexation of the Subject Property to the 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 government standards such that a new water source is required ancl/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 the 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 (1)acre of the Subj ect Property in an 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 the Subj ect Property at any time in the future,the property shall then be subject to the remaining balance of the connection fee established for all relevant property in the manner prescribed in the applicable ordinance. 3.City shall obtain an easement from the southwest corner of property owner's property line to the sanitary trunk sewer that is anticipated to be installed by the city in the future but which shall be located in Leonard's Subdivision,Dallas County,Iowa. Such easement shall be obtained and recorded at no cost to Owners simultaneous with the installation of the sanitary trnnk sewer.Property owners will be allowed to utilize said easement,when they choose to connect their property under paragraph 2 to the future city sanitary sewer trunk line. Book 2007 Page 2532 3 of 7 4.Owner will be entitled to tax transitioning as authorized under the Code ofIowa 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%tax transitioning (b)Second year -75%tax transitioning (c)Third year -60%tax transitioning (d)Fourth year-60%tax transitioning (e)Fifth year -45%tax transitioning (f)Sixth year -45%tax transitioning (g)Seventh year -30%tax transitioning (h)Eighth year-30%tax transitioning (i)Ninth year -15%tax transitioning (j)Tenth year -15%tax transitioning 5.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. 6.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. 7.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, 8.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. 9.Public trails or appurtenances thereto shall not be built on any part of Subject Property, without the written consent of Owner. 10.Subject Property will not be specially assessed in the manner provided in section 384.42 -384.79 Code of Iowa (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 2 Book 2007 Page 2532 4 of 7 for those assessment and connection fees discussed in Paragraphs 1 &2 of this agreement.This 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 except that any connection fees imposed by the City,now or in the future,for connection to the City sanitary sewer may be subject to partial deferment as provided in paragraph 2 of this agreement. II.The City shall not condemn the subject property for purposes of a road.Not withstanding the foregoing,this provision shall not be construed to limit the City's condemnation or acquisition authority in any way related to future R-22 improvements undertaken by the City,in its sole discretion.The terms ofthis paragraph 11 shall expire, terminate and be of no further effect 10 years following the execution of this agreement, or upon the sale or transfer of title to the property,or a portion thereof,by owner, whichever shall first occur. 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 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. IN WITNESS WHERE01 this Agreement is made and executed this ~day of -----U.\f-"'CbM'-"-"'I.9V\)"-"l----~,200f· BY:~~1ZVi~~?~f4i.44 Y'/41 'lei Printed N ame(s): Title:Owner (s) STATE OF IOWA,COUNTY OF QalrS This instrument,was acknowledged OAQ~6t!~'f.~1tr tqA41i\C1 before me as ,2007,by of iJ"'-,REBECCA D.SCHUETi~-'f Commission .N~mber 7,16496 Jovit---My commrssscn Expires f..-1ay -13,2008 Notary Public in and for said State 3 Book 2007 Page 2532 5 of 7 By: L.Kooistra,City Administrator/Clerk STATE OF IOWA,COUNTY OF DALLAS On this B'rliday of t fUll V ,2007,before me,the undersigned,a Notary Public in and for said County and State,personal appeared William F.Peard and Jeffrey L.Kooistra,to me personally known,and who,being by me duly sworn,did say that they are the Mayor and City Clerk!Administrator,respectively,ofthe City of Waukee,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was si&J:~a~w sealed on _ behalf of the corporation,by authonty of its CIty Council,as contamed 111 erem~No.01-05 passed by the City Council tlfl4~ej·1-ba.j·l--Ne,-of-+he-eity-6cttll€-it!on the n w a day of ~,2007,and that William F.Peard and Jeffrey L.Kooistra acknowledged the ~tibn dfthe instrument to be their voluntary act and deed and the voluntary act and deed ofthe corporation,by it voluntarily executed. "",,,0'~C~DSOlUETIe,1/l.l oS'~-_~_(,-,,''''''g.~•fA.,.,.,~;r..Commission NU,mber 7}6496 •<;~-My Ccrnrrusslcn Expires IO'f/~May 13,2008 Notary Public in and for said State 4 Book 2007 Page 2532 6 of 7 EXHIBIT A Legal Description Charles F.and Rita C.Garland,3221 Ute Ave.,Waukee,IA 50263 LEONARDS SUB LOT 2 &ROAD being a part of Dallas County Iowa [Parcel ill: 000010003060200 (010-306-02)] 5 Book 2007 Page 2532 7 of 7