HomeMy WebLinkAbout2022-03-07-J01H_12 Satisfaction of Agreement_Broderick AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 7, 2022
AGENDA ITEM: Consideration of approval of resolution approving Satisfaction of
Agreement
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: Philip E. Broderick, LLC, Charlotte R. Broderick,
LLC, Philip E. Broderick Revocable Trust, and Charlotte R. Broderick
Revocable Trust have requested the City approve a satisfaction of this
agreement as it pertains to a real estate transaction that they are working
on. The agreement in question was associated with acquisition of
easement and street right-of-way for NW Sunrise Drive.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff has reviewed the Agreement and believes the
agreement can be satisfied.
RECOMMENDATION: Approve the Resolution
ATTACHMENTS: I. Proposed Resolution
II. Proposed Satisfaction
PREPARED BY: Andy Kass, Community Development Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1H12
1
THE CITY OF WAUKEE, IOWA
RESOLUTION 22-
APPROVING SATISFACTION OF AGREEMENT – BRODERICK
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized
Municipal Organization; AND,
WHEREAS, Philip E. Broderick, LLC, Charlotte R. Broderick, LLC, Philip E. Broderick
Revocable Trust, and Charlotte R. Broderick Revocable Trust entered into a Development
Agreement (“Agreement”) with the City of Waukee, dated May 6, 2019 and recorded on May
31, 2019 in Book 2019 Page 8444, Dallas County, Iowa regarding acquisition of property for
street right-of-way.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa
that the terms of the Agreement have been fully satisfied by all parties and the City releases
Philip E. Broderick, LLC, Charlotte R. Broderick, LLC, Philip E. Broderick Revocable Trust,
and Charlotte R. Broderick Revocable Trust and their successors and assigns, from all
obligations under said Agreement.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 7th day of
March, 2022.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
PLEASE RETURN TO: City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263
Prepared by: Steven P. Brick, 6701 Westown Parkway, Suite 100, West Des Moines, Iowa 50266; (515) 274-1450
RELEASE AND SATISFACTION OF AGREEMENT
The City of Waukee, an Iowa municipal corporation in the State of Iowa (hereinafter
referred to as "City") entered into an Agreement with and Philip E. Broderick Revocable Trust;
Charlotte R. Broderick Revocable Trust; Philip E. Broderick, LLC; and Charlotte R. Broderick,
LLC, (hereinafter referred to as "Broderick”); (The City, and Broderick may also be collectively
referred to as "Parties"). The Agreement, dated May 6, 2019, was recorded in Book 2019 page
8444 in the Office of the Dallas County Recorder on May 31, 2019 (hereinafter referred to as
"Agreement”). The Agreement required the respective Parties to perform certain undertakings
more particularly set forth therein. The Parties, and each of them, have performed their respective
obligations as required by the Agreement. The private parties have requested that the City provide
a release and satisfaction reflecting the performance by all parties of their respective obligations
under the Agreement and to clear any cloud of title.
The City does acknowledge and agree that the Agreement dated May 6, 2019 recorded in
Book 2019 page 8444 in the Office of the Dallas County Recorder on May 31, 2019 has been fully
performed by the Parties and is therefore fully satisfied, completed and shall be of no further effect.
The City does release the other Parties, and each of them, from any further obligation under the
Agreement. Any lien or encumbrance in favor of the City arising from the Agreement on the
Property legally described in the Agreement as PARCELS #12-28-200-001, #12-28-300-014, and
#12-28-400-006, identified by the assessor for Dallas County, Iowa is hereby released and
satisfied and shall be of no further effect.
CITY OF WAUKEE, IOWA
By: ___________________________________, Mayor
By: ___________________________________, City Clerk
Date:___________________, 2022
(City Seal)
STATE OF IOWA, DALLAS COUNTY, ss:
On this _____ day of _________________, 2022, before me the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D. Schuett,
to me personally known, who, being by me duly sworn, did say that they are the Mayor and City
Clerk, respectively, of the City of Waukee, Iowa; that the instrument was signed and sealed on
behalf of the City by authority of its City Council, as contained in Resolution No. ______ passed by
the City Council on the _____ day of ______________, 2022, and that Courtney Clarke and
Rebecca D. Schuett, as such officers, acknowledged the execution of the instrument to be the
voluntary act and deed of the City, by it and by them voluntarily executed.
_______________________________________________
Notary Public in and for the State of Iowa