HomeMy WebLinkAbout2022-03-07-J01H_14 Satisfaction of Property Acquisition 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
Property Acquisition Agreement
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: Philip E. Broderick, LLC and Charlotte R. Broderick,
LLC, 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 the acquisition of property for
improvements associated with the construction of NW 2nd Street that the
City undertook in 2021 and will complete later this year.
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:
J1H14
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THE CITY OF WAUKEE, IOWA
RESOLUTION 22-
APPROVING SATISFACTION OF PROPERTY ACQUISITION 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, entered into a
Development Agreement (“Agreement”) with the City of Waukee, dated September 21, 2020
and recorded on October 1, 2020 in Book 2020 Page 26799, 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, 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 a Property Acquisition Agreement with 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 Property Acquisition Agreement
executed in September 2020 by the Parties was recorded in Book 2020 page 26799 in the Office
of the Dallas County Recorder on October 1, 2020 (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 executed by the Parties and
recorded in Book 2020 page 26799 in the Office of the Dallas County Recorder on October 1,
2020 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 arising from the Agreement on the
Property legally described in the Agreement Parcel Nos. 12-28-400-024, 12-28-400-029, 12-28-
451-001 and 12-28-400-027 by the Dallas County, Iowa Assessor's Office in favor of the City 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