HomeMy WebLinkAbout2022-03-07-J01H_15 Release and Satisfaction of DA_Westown Pkwy Improvements AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 1, 2021
AGENDA ITEM: Consideration of approval of a Resolution approving Release and
Satisfaction of Development Agreement pertaining to Westown Parkway
Improvements
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: ARAC, Inc. and Charles Sanford and Terry Irene
Swallow Trust entered into an agreement with the City in 2017 regarding
the construction of Westown Parkway west of Grand Prairie Parkway.
Per the agreement, the developer agreed to reimburse the City $400,000
for the cost of the improvements associated with the Westown Parkway
extension that were directly attributable to their property. Per a separate
agreement, the property owner was given a credit of $200,000 due to the
extension of Tallgrass Lane that included improvements adjacent to
property owned by the City.
A portion of the property of which this development agreement relates to
has recently been sold and the City has received the remaining payment
for the Westown Parkway improvements in the amount of $200,000 and
the owner is requesting that the development agreement be satisfied and
released.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The City Attorney has prepared the release related to
the property in question.
RECOMMENDATION: Staff would recommend approval of the release.
ATTACHMENTS: I. Proposed Resolution
II. Partial Release
III. Original Development Agreement
PREPARED BY: Brad Deets, Assistant City Administrator
REVIEWED BY:
J1H15
THE CITY OF WAUKEE, IOWA
RESOLUTION 2022-
APPROVING A RELEASE AND SATISFACTION FOR DEVELOPMENT
AGREEMENT – ARAC, LLC AND CHARLES SANFORD SWALLOW AND TERRY
IRENE SWALLOW TRUST (WESTOWN PARKWAY IMPROVEMENTS)
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, ARAC LLC, and Charles Sanford Swallow and Terry Irene Swallow Trust dated
10-22-98, (collectively “Property Owners”) entered into a Development Agreement
(“Agreement”) with the City of Waukee, dated January 6, 2017 and recorded on January 11,
2017 in Book 2017 Page 672, Dallas County, Iowa regarding development of Tallgrass Lane.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa
that the terms of the Agreement have been satisfied and the City releases the Property Owners
and their successors and assigns, from all obligations under said Developers Agreement as it
pertains to The West 3/8 of the Southeast 1/4 in Section 4, Township 78 North, Range 26 West
of the 5th P.M., City of Waukee, Dallas County, Iowa, Except land deeded to the City of
Waukee in Book 2013, Page 10381, Book 2013, Page 10382, Book 2013, Page 10383 and Book
2013 Page 10385 and Government Lot 15 in Section 4, Township 78 North, Range 26 West of
the 5th P.M., City of Waukee, Dallas County, Iowa, Except land deeded to the City of Waukee in
Book 2013, Page 10381 and Book 2013, Page 10383 and Except Parcel “CC” as shown in Book
2013, Page 20096
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
Return to: Rebecca Schuett, City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263
Prepared by: Steven P. Brick. Brick Gentry P.C., 6701 Westown Pkwy, Ste #100, West Des Moines, IA 50266 (515) 274-1450
RELEASE AND SATISFACTION
RE: The West 3/8 of the Southeast 1/4 in Section 4, Township 78 North, Range 26 West of
the 5th P.M., City of Waukee, Dallas County, Iowa, Except land deeded to the City of
Waukee in Book 2013, Page 10381, Book 2013, Page 10382, Book 2013, Page 10383
and Book 2013 Page 10385
And
Government Lot 15 in Section 4, Township 78 North, Range 26 West of the 5th P.M.,
City of Waukee, Dallas County, Iowa, Except land deeded to the City of Waukee in Book
2013, Page 10381 and Book 2013, Page 10383 and Except Parcel “CC” as shown in Book
2013, Page 20096
The City of Waukee, Iowa entered into a Development Agreement with ARAC, LLC and Charles
Sanford Swallow and Terry Irene Swallow, Trustees of the Charles Sanford and Terry Irene
Swallow Trust dated October 22, 1998 (collectively, "Property Owner"), which was recorded on
January 11, 2017 in Book 2017 at Page 672 with the Dallas County Recorder's Office, which
contains certain provisions obligating the Property Owner to make certain payments and dedicate
certain Property interests to the City as more particularly described therein. The obligations
required by the agreement have been performed and fully satisfied by the parties to the agreement
and their successors and assigns.
The City of Waukee hereby releases the above-described Property from any and all liens and
encumbrances arising by virtue of the Development Agreement recorded on January 11, 2017 in
Book 2017 at Page 672 with the Dallas County Recorder's Office.
THE CITY OF WAUKEE, IOWA
Dated: _____________________________, 2022
By: ___________________________________
Courtney Clarke, Mayor
By: ___________________________________
Rebecca D. Schuett, City Clerk
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