HomeMy WebLinkAbout2023-11-20 I03B_01 Kettlestone Phase 4 Commercial URP_Res Correcting Scriveners ErrorAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 20, 2023
AGENDA ITEM:Consideration of approval of Resolution Nunc Pro Tunc correcting
scrivener’s error in the legal description for the Kettlestone Phase 4
Commercial Urban Renewal Area
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Staff was made aware of an error in the legal
description of Kettlestone Phase 4 Commercial Urban Renewal Area.
The error is causing an overlap between two Urban Renewal Areas and
TIF Districts. The proposed resolution corrects an error in the legal
description of Kettlestone Phase 4 Commercial Urban Renewal and
removes obstacles for development.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The correction of legal description would be retroactive
with the same effective date as the original adopted plan on June 5, 2023.
RECOMMENDATION: Staff recommend approval of the Resolution.
ATTACHMENTS: I. Resolution
PREPARED BY:Jennifer Brown, Director of Economic Development
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
I3B1
RESOLUTION NO. ____________
RESOLUTION NUNC PRO TUNC CORRECTING AND
AMENDING A SCRIVENER'S ERROR IN THE LEGAL
DESCRIPTION OF THE KETTLESTONE PHASE 4
COMMERCIAL URBAN RENEWAL AREA FOR THE
KETTLESTONE PHASE 4 COMMERCIAL URBAN RENEWAL
PLAN
WHEREAS, by Resolution No. 2023-232 adopted June 5, 2023 (the "Authorizing
Resolution"), this Council adopted the Kettlestone Phase 4 Commercial Urban Renewal Plan (the
"Plan" or "Urban Renewal Plan") for the Kettlestone Phase 4 Commercial Urban Renewal Area
(the "Area" or "Urban Renewal Area") described therein; and
WHEREAS, the Plan contained a scrivener's error in the legal description of the property
included in the Urban Renewal Area by the Plan, which incorrectly described the Urban Renewal
Area; and
WHEREAS, the Council has determined to adopt this resolution nunc pro tunc, correcting
the scrivener's error in the legal description of the land to be included in the Urban Renewal Plan
for the Urban Renewal Area.
NOW, THEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL OF THE CITY OF
WAUKEE, STATE OF IOWA:
Section 1. That the legal description for the Urban Renewal Area contained in the
Urban Renewal Plan approved and adopted by the Authorizing Resolution on June 5, 2023, is
hereby corrected, nunc pro tunc, and the following legal description shall be substituted in lieu
thereof, as the legal description of the Urban Renewal Area:
Parcel 23-39 of the Plat of Survey recorded in Book 2023, Page 5013, City of
Waukee, Dallas County, Iowa (Parcel # 1603100049.
EXCEPT
Any portion thereof included in Kettlestone Central Plat 1, an official plat in and
forming a part of the City of Waukee, Dallas County, Iowa
Section 2. That the findings and conclusions set forth or contained in the Plan and the
Authorizing Resolution concerning the area of the City of Waukee, State of Iowa, as corrected
hereby, be and the same are hereby ratified and confirmed in all respects as the findings of this
Council for this area.
Section 3. That all other provisions of the Authorizing Resolution and the Urban
Renewal Plan not affected or otherwise revised by this resolution, be and the same are hereby
ratified, confirmed and approved in all respects.
PASSED AND APPROVED this 20th day of November, 2023.
Mayor
ATTEST:
City Clerk