HomeMy WebLinkAbout2022-03-07-J01H_16 Corrective Partial Release_SE Tallgrass Ln Improvements AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 7, 2022
AGENDA ITEM: Consideration of approval of a Resolution approving Corrective Partial
Release of Development Agreement pertaining to the northwest corner of
Grand Prairie Parkway and SE Tallgrass Lane (Tallgrass Improvements
Agreement).
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: ARAC, Inc. entered into an agreement with the City
in 2017 regarding an incentive to complete improvements to Tallgrass
Lane located west of Grand Prairie Parkway as a part of The Shops at
Kettlestone North Plat 1 final plat. The agreement stipulated that the
City would provide the developer an incentive for completion of certain
public improvements associated with the construction of Tallgrass Lane
that are attributable to the City.
The City Council approved a partial release to the Development
Agreement in November 2021 as it had been determined that the
agreement had been satisfied.
City staff was recently made aware of a scrivener’s error in the partial
release and the proposed corrective partial release is intended to correct
that error.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The City Attorney has prepared the corrective partial
release related to the parcels in question.
RECOMMENDATION: Staff would recommend approval of the corrective release.
ATTACHMENTS: I. Proposed Resolution
II. Partial Release
III. Original Development Agreement
PREPARED BY: Brad Deets, Assistant City Administrator
REVIEWED BY:
J1H16
THE CITY OF WAUKEE, IOWA
RESOLUTION 2022
APPROVING A CORRECTIVE PARTIAL RELEASE AND SATISFACTION FOR
DEVELOPMENT AGREEMENT – ARAC, LLC AND CHARLES SANFORD
SWALLOW AND TERRY IRENE SWALLOW TRUST
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 671, Dallas County, Iowa regarding development of Tallgrass Lane.
WHEREAS, a Partial Release was executed by the City of Waukee on November 1, 2021 and
recorded in Book 2021 and page 34691 on November 29, 2021 in the Office of the Dallas
County Recorder which contained a scrivener’s error creating some confusion.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa
that the City releases Government Lot 15 Except Parcel "CC" as shown in survey in Book 2013,
Page 20096, and Except land deeded to the City of Waukee in Book 2013, Page 10381, Book
2013, 10382, Book 2013, Page 10383 and Book 2013, Book 10385, Book 2017, Page 677, and
Book 2017, Page 679, all in Section 4, Township 78 North, Range 26 West of the 5th P.M., City
of Waukee, Dallas County, Iowa, from the obligations provided in the Development Agreement
recorded on January 11, 2017 in Book 2017 at Page 671 with the Dallas County Recorder's
Office.
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
CORRECTIVE PARTIAL RELEASE
RE: Government Lot 15 Except Parcel "CC" as shown in survey in Book 2013, Page 20096,
and Except land deeded to the City of Waukee in Book 2013, Page 10381, Book 2013, I
0382, Book 2013, Page 10383 and Book 2013, Book 10385, Book 2017, Page 677, and
Book 2017, Page 679, all in Section 4, Township 78 North, Range 26 West of the 5th P.M.,
City of Waukee, Dallas County, Iowa
A Partial Release was executed by the City of Waukee on November 1, 2021 and recorded in Book
2021 and page 34691 on November 29, 2021 in the Office of the Dallas County Recorder which
contained a scrivener’s error creating some confusion. Said Partial Release was intended to provide
as follows:
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 671 with the Dallas County Recorder's Office, which
contains certain provisions obligating the Property Owner to make certain improvements on the
property legally described within said Development Agreement.
The City of Waukee hereby releases Government Lot 15 Except Parcel "CC" as shown in survey
in Book 2013, Page 20096, and Except land deeded to the City of Waukee in Book 2013, Page
10381, Book 2013, 10382, Book 2013, Page 10383 and Book 2013, Book 10385, Book 2017, Page
677, and Book 2017, Page 679, all in Section 4, Township 78 North, Range 26 West of the 5th
P.M., City of Waukee, Dallas County, Iowa, from the obligations provided in the Development
Agreement recorded on January 11, 2017 in Book 2017 at Page 671 with the Dallas County
Recorder's Office.
All other provisions of the Development Agreement recorded on January 11, 2017 in Book 2017
at Page 671 with the Dallas County Recorder's Office shall remain in full force and effect.
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