HomeMy WebLinkAbout2022-04-18 I01C_04 Release of Agreement - Stratford Crossing Plat 1 Packet AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 18, 2022
AGENDA ITEM: Consideration of approval of a release and satisfaction for Purchase
Agreement with Stratford Crossing, LLC
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The City entered into a Purchase Agreement with Stratford
Crossing, LLC regarding some right of way and permanent easement
necessary for improvements related to NW 10th Street. Said acquisitions and
easements were acquired by the City.
Stratford Crossing, LLC is in the process in selling a portion of the property
related to Stratford Crossing Plat 1 and the sellers have requested that a
release and satisfaction pertaining to the Purchase Agreement be approved in
order to clear up title on the property being purchased.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff recommends approval of the proposed resolution.
RECOMMENDATION: Approve the resolution
ATTACHMENTS: I. Proposed Resolution
II. Release and Satisfaction
PREPARED BY: Brad Deets, City Administrator
REVIEWED BY:
I1C4
THE CITY OF WAUKEE, IOWA
RESOLUTION 2022
APPROVING A RELEASE AND SATISFACTION FOR PURCHASE AGREEMENT –
STRATFORD CROSSING, LLC
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, Stratford Crossing, LLC (“Property Owner”) entered into a Purchase Agreement
(“Agreement”) with the City of Waukee, dated May 18, 2020 and recorded on June 3, 2020 in
Book 2020 Page 12294, Dallas County, Iowa regarding property acquisition for right of way
needs and permanent easement.
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 Owner and
their successors and assigns, from all obligations under said Purchase Agreement as it pertains to
Parcel 21-135 of the Survey of Part of Outlot W in Stratford Crossing Plat 1, an Official Plat,
now included in and forming a part of the City of Waukee, Dallas County, Iowa, as shown in
Book 2021, Page 34942 in the office of the Recorder of Dallas County, Iowa
Passed by the City Council of the City of Waukee, Iowa, and approved this the 18th day of April
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
1
Return to: Rebecca Schuett, City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263
Prepared by: Bradly Deets, City Administrator, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 978-7899
RELEASE OF PROPERTY FROM OBLIGATIONS OF PURCHASE AGREEMENT
RE: Parcel 21-135 of the Survey of Part of Outlot W in Stratford Crossing Plat 1, an Official
Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa, as
shown in Book 2021, Page 34942 in the office of the Recorder of Dallas County, Iowa
The City of Waukee, Iowa entered into a Purchase Agreement (“Agreement”) with Stratford
Crossing, LLC (“Property Owner”) dated May 18, 2020, which was recorded on June 3, 2020 in
Book 2020 at Page 12294 with the Dallas County Recorder’s Office. The Agreement included
certain obligations on behalf of the Property Owner and City of Waukee related to the acquisition of
property for right of way purposes and permanent easement.
The City of Waukee hereby certifies that all obligations pertaining to the Purchase
Agreement have been performed by the City of Waukee and Property Owner as it relates to Parcel
21-135 of the Survey of Outlot W in Stratford Crossing Plat 1, an Official Plat, now included in and
forming a part of the City of Waukee, Dallas County, Iowa as shown in Book 2021, Page 34942 in
the office of the Recorder of Dallas County, Iowa and said property can be released.
Dated: ____________________________, 2022
THE CITY OF WAUKEE, IOWA
By: ____________________________
Courtney Clarke, Mayor
ATTEST:
By: ____________________________
Rebecca D. Schuett, City Clerk
2
STATE OF IOWA )
) SS.
COUNTY OF DALLAS )
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, and 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 seal affixed to the foregoing
instrument is the official seal of said City, and that the instrument was signed and sealed on behalf
of the City, by authority of its City Council, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the City, by it and them voluntarily executed.
________________________________
Notary Public in and for the State of Iowa
My Commission expires __________