HomeMy WebLinkAbout2022-10-17 I01E_02 Lot 2 Legacy Pointe at Waukee Plat 1_Satisfaction of Development Agr AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 17, 2022
AGENDA ITEM: Consideration of approval of resolution approving Satisfaction of
Developer’s Agreement – Lot 2, Legacy Pointe at Waukee Plat 1
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: The owner of Lot 2, Legacy Pointe at Waukee Plat 1,
has 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 improvements related to
Legacy Pointe at Waukee Plat 1.
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:
I1E2
1
THE CITY OF WAUKEE, IOWA
RESOLUTION 2022-
APPROVING SATISFACTION OF DEVELOPER’S AGREEMENT – LOT 2,
LEGACY POINTE AT WAUKEE PLAT 1
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, Ewing Land Development and Services, Inc, entered into a Development
Agreement (“Agreement”) with the City of Waukee, dated June 3, 2003 and recorded on July
31, 2003, in Book 2003 Page 14986, Dallas County, Iowa regarding installation of certain
improvements.
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
Ewing Land Development and Services, Inc, and their successors and assigns, from all
obligations under said Agreement as it relates to Lot 2 of Legacy Pointe at Waukee Plat 1.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 17th day of
October, 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
Prepared by: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 987-4522
Return to: Rebecca D. Schuett, City Clerk City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 987-4522
SATISFACTION OF DEVELOPMENT AGREEMENT – LOT 2, LEGACY POINTE AT WAUKEE
PLAT 1
RECITALS
A. Ewing Land Development and Services, Inc., an Iowa corporation (“Developer”) and the
City of Waukee, Iowa, a municipal corporation (“City”), entered into that certain Development
Agreement, dated June 3, 2003, filed July 31, 2003 and recorded in Book 2003 Page 14968 in the
office of the Recorder of Dallas County, Iowa (the “Agreement”).
B. Developer has satisfied its obligations related to the Agreement in relation to the
following described real estate, to-wit (the “Property”):
LOT 2 IN LEGACY POINTE AT WAUKEE PLAT 1, AN OFFICIAL PLAT NOW INCLUDED
IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA.
NOW, THEREFORE, the City does hereby acknowledge that Developer has satisfied its
obligations of the Agreement in relation to the Property and the Property is hereby released from the
obligations and provisions of the Agreement and such lien is hereby redeemed, paid off, satisfied
and discharged in full as it relates to the Property.
This release shall be filed of record with the Dallas County, Iowa, Recorder
Words and phrases herein, including acknowledgement hereof, shall be construed as in the
singular or plural, and as masculine, feminine or neuter gender, according to the context.
Dated: __________________, 2022
CITY OF WAUKEE, IOWA,
An Iowa municipal corporation
By:________________________
Courtney Clarke, Mayor
By:________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA, COUNTY OF DALLAS:
On this ____ day of _______________ 2022, before me, the undersigned, a
Notary Public in and for said County and State personally appeared Courtney Clarke
and Rebecca D. Schuett, to me personally known, who being by me duly sworn, did
say they are the Mayor and City Clerk of the City of Waukee, Iowa, a municipal
corporation, executing the within and foregoing instrument and acknowledged that
they executed the same as their voluntary act and deed of the City of Waukee, by it
and by them voluntarily executed.
By:________________________
Notary Public in and for said State of
Iowa