Loading...
HomeMy WebLinkAbout2000-11-03-Resolutions 00-183A_Annexation - Myers Pre Annex AgrRESOLUTION OO·I83A PRE·ANNEXATION AGREEMENT The Pre-Annexation Agreement is entered into by and between the City of Waukee,Iowa,a municipal corporation (hereinafter referred to as "City");Alice and Carolyn Myers (hereinafter referred to as "Owner"). WITNESSETH: WHEREAS,Owner is the owner of record of that property as described in the attached Exhibit'A',which is by this reference incorporated herein,(hereinafter referred to as the "Subject Property"); WHEREAS,the Subject Property is presently located entirely within Dallas County,Iowa,and outside the corporate limits of any other city;and WHEREAS,the Owner does not want to have the Subject Property annexed to the City of Waukee unless they are confident that certain conditions are met by the City of Waukee to ensure that annexation is in their best interest.These conditions are as follows: 1.Owner is not required to hook up to City water until such time as Owner's water supply is not functioning to Owner's satisfaction andlor not to applicable government standards such that a new water source is required. 2.Owner will be entitled to tax abatement as authorized under Chapter 15A of the Code of Iowa in exchange for designated property that will be used for a City Park.The City,pursuant to Chapter 15A,will abate Owner's aggregate city property taxes for thirty (30)years in exchange for approximately 4 acres of ground to be dedicated as a City Park.Owner's property will retain its present zoning classification following annexation,except for the portion that will become a City Park.The City Park will have a restrictive convenant that will allow the park to used for only natural uses.Natural uses are defined as the following:prairie grasses,wildflowers,shrubs,and trees.A sign designating the park will include the following caption: The Paul E.Huscher Prairie Park City of Waukee,Iowa Established November 2000 The sign will be the only man-made apparatus allowed on the park grounds,except for one (I)park bench allowing for an area for people to rest.This covenant will be effective for perpetuity,unless both Alice and Carolyn Myers sign an agreement dissolving the covenant,or if they enact a contractual sunset clause. 3.When sanitary sewer service is made available,any special assessments on the commercially assessed portions of the Subject Property shall not exceed Three Thousand Dollars $3,000.00 per acre.The above-referred amounts shall increase at the rate of two percent (2%)per year beginning January 1,2002. Any portions of the lot assessed as agricultural will not be assessed for sewer service until a development plat is submitted to the City by Owner or their successors in interest or until a connection is made. 4.Owner's property will not be assessed for any utility improvements made by the City of Waukee after annexation that do not directly provide utility service to Owner's property,especially if owner elects not to hook up to such utilities. 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 and that the failure of the City to comply with any of the conditions set forth herein shall be a reason for the Owner to withdraw its Application for Voluntary Annexation.All provisions set forth above shall survive the annexation of Owner's property and shall thereafter be binding on the City. This Agreement shall be binding on and shall inure to the benefit of all successors,assigns and grantees of the City and Owner. "OWNER" Carolyn Myers Date Alice Myers Date "CITY" STATE OF IOWA ) )SS: COUNTY OF DALLAS On this 3"day of Novemher,2000,hefore me,the undersigned,a Notary Puhlic in and for the State of Iowa,personally appeared Alice and Carolyn Myer,to me known to be the persons named in and who executed the foregoing instrument and acknowledged that they executed the same as their voluntary act and deed. Notary Public in and for the State of Iowa ROLLCALL Nicholas Gruber Marvin Berger Bill Peard Mike Watts Wayne Johnson AYES X X X NAYS ABSENT X X