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Home My WebLink About1999-06-07-Resolutions 99-56_Bormann Subdivision - PlatCITY OFWaukeeATHEKEYTOGOODLIVING RESOLUTION NO.99-56 ACCEPTING PLAT OF BORMANN SUBDIVISION WHEREAS,John A.Bormann and Gail A.Bormann,a married couple,has caused to be platted certain real estate,lying within two (2)miles of the corporate limits of the City of Waukee,Dallas County, Iowa,and which Plat is now on file in the office of the Director of Planning and Zoning for Dallas County,Adel,Iowa,and which plat covers the following described real estate to-wit: Bormann Subdivision Sec 21-T9-26 Commencing at a point 600.0 feet North of the Southeast Corner of the Southeast Quarter of the Southeast Quarter (SE Y.SE Y.)of Section 21,Township 79 North,Range 26 West of the 5th P.M., Dallas County,Iowa,thence N 78 deg 08'30"West 600.0 feet,thence N 58 deg 08'30"West 263.00 feet,thence N 18 deg 08'30"West 199.20 feet,thence N 89 deg 21 '30"East 872.60 feet,thence South 451.42 feet to the point of beginning,containing 6.85 Acres or less. and WHEREAS,said Plat subdivides the aforesaid real estate into two (2)lots numbered Lot One (l)to Lot Two (2);and WHEREAS,said Plat is also accompanied by the following: 1.Abstract of Title from Government Entry to date. 2.Attorney James V.McKinney's legal opinion that said abstract shows merchantable fee simple title to the above described tract to be vested in the proprietor,John A.Bormann and Gail A.Bormann,as joint tenants with full rights of survivorship and not as tenants in common, and WHEREAS,the City of Wankee and the proprietor,John A.Bormann and Gail A.Bormann have agreed to the following conditions: 1.The Bormann subdivision will annex into the City of Wankee upon extension of sewer, six inch or larger water main or paving of Warrior Lane. 2.The lot will be assessed for utility or street improvements made to Warrior Lane.The city also agrees not to assess for any utility oversizing costs.The assessment formula used for said property will be the same as is used for the other benefiting properties. 1 ] 1 3.An additional 17 feet of frontage along Warrior Lane will be dedicated to the City of Waukee at no expense to the City if Warrior Lane is a four (4)lane road and the land is needed. 4.The Bormann subdivision will not bear the cost of any improvements to Little Walnut Creek as long as there are only two parcels of land in the subdivision. 5.The proprietor of said property will decline any offer from the City of Clive to be annexed to Clive. 6.The annexation agreement between the proprietor of said property and the City of Waukee will be recorded by John A.Bormann and Gail A.Bormann 7.The Bormann subdivision will have three years from the time sewer service is available to connect to the sanitary sewer.The Bormann subdivision will not be charged for sewer service until the property connects to the city sanitary sewer line. 8.The proprietor of said residence will connect to City of Waukee water at the time City of Waukee water service is available. 9.The proprietor of said properties shall record on the deed to said property a statement indicating that any new lots which are split from the existing lot will be assessable for the full cost of street,sewer,water,sidewalk,park fee,siren and any other costs which are normally attributable to a new residential lot. 10.The John A.Bormann and Gail A.Bormann will have the right to continue their agriculture related business on the property when the property is annexed into the city, with a limit of no more than 25 head of livestock at anyone time. II.If the Dallas County Supervisors do not approve the plats of the Bormann Subdivision as plated by C.F.Schoon on 4/30/99 this agreement will become null and void. Proprietor: Gail A.BormannJohnA.Bormann Attest: Gregory S.Fetterman,Notary Assistant City Administrator WHEREAS,full compliance has been had with the laws of the State of Iowa for platting of said parcel, specifically including sections 114A.8,409A.6,and 409A.lI of the Code ofIowa,and including limited approval thereof by the city of Waukee Planning and Zoning Commission. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa,that the aforesaid Plat of Bormann Subdivision,a subdivision within (2)miles of the city limits of Waukee, Iowa,together with the Plat thereof be accepted by the City of Waukee,Iowa. BE IT FURTHER RESOLVED that the aforesaid plat attached hereto be and the same is hereby approved and the Mayor and the Clerk of the City of Waukee,Iowa,be and they are hereby directed to certify this Resolution affixed to the aforesaid Plat for the purpose of filing the same with the Recorder of Dallas County,Iowa,as required by law. 1PASSEDANDAPPROVEDthis7'11 day of June,1999. Attest: ROLL CALL VOTE AYE NAY ABSENT Nicholas C.Gruber Marvin Berger Robyn S.Heath Bill Peard Larry Lyon x X X X X 1 1 CERTIFICATE OF MAYOR AND CLERK OF THE CITY OF W AUKEE,IOWA We,the undersigned,being the Mayor and Clerk of the City of Waukee,Iowa,hereby certify that in a regular meeting of the City Council of the City of Waukee,Iowa,and with a quorum of said Council being present,that the foregoing and attached Resolution No.99-56 was presented and on motion duly made and seconded,was duly adopted by the Council. Dated at Waukee,Iowa this ih day of June,1999. Attest: