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
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NAYS ABSENT
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