HomeMy WebLinkAbout2024-07-01 I01G_08 ARAC LLC_Partial Release of Development Agreement AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 1, 2024
AGENDA ITEM: Consideration of approval of a Resolution approving a Partial Release of
Development Agreement pertaining to The Shops at Kettlestone North
Plat 1 (SE Tallgrass Improvements Agreement).
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: ARAC, LLC, 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 owner of the property plans to sell
the two lots and requests that the two lots be released from the provisions
of the agreement.
The City Council approved partial releases to the Development
Agreement in November 2021 and March 2022 as it had been
determined that the agreement had been satisfied.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The provisions to the agreement have been satisfied as it
related to the subject property included within the release.
RECOMMENDATION: Staff would recommend approval of the partial release.
ATTACHMENTS: I. Proposed Resolution
II. Partial Release
III. Original Development Agreement
PREPARED BY: Andy Kass, Community Development Director
REVIEWED BY:
I1G8
THE CITY OF WAUKEE, IOWA
RESOLUTION 2024-
APPROVING A 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 3, 2017 and recorded on January 11,
2017 in Book 2017 Page 671, Dallas County, Iowa regarding development of SE 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 partially satisfied and the City releases the Property
Owners and their successors and assigns, from all obligations under said Developers Agreement
as it pertains to Outlot V in The Shops at Kettlestone North Plat 4, an Official. Plat, now included in and
forming a part of the City of Waukee, Dallas County, Iowa, Except Parcel `19-92' of a part of said Outlot V as
shown in Survey filed in Book 2019, Page 16817 and Except Parcel '21-94' of a part of said Outlot V as shown
in Survey recorded in Book 2021, Page 28853, and Outlot Z in The Shops at Kettlestone North Plat 1, an
Official Plat, now included in and forming a part of the City of Waukee, Dallas County, Iowa.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 1st day of July
2024.
____________________________
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
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Return to: Rebecca Schuett, City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263
Prepared by: Andy Kass, 230 W. Hickman Road, Waukee, Iowa 50263 (515) 978-9533
PARTIAL RELEASE
RE: OUTLOT V IN THE SHOPS AT KETTLESTONE NORTH PLAT 4, AN OFFICIAL. PLAT,
NOW INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA, EXCEPT PARCEL `19-92' OF A PART OF SAID OUTLOT V AS
SHOWN IN SURVEY FILED IN BOOK 2019, PAGE 16817 AND EXCEPT PARCEL '21-94'
OF A PART OF SAID OUTLOT V AS SHOWN IN SURVEY RECORDED IN BOOK 2021,
PAGE 28853.
AND
OUTLOT Z IN THE SHOPS AT KETTLESTONE NORTH PLAT 1, AN
OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF THE
CITY OF WAUKEE, DALLAS COUNTY, IOWA.
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 the following property legally described as:
Outlot V in The Shops at Kettlestone North Plat 4, an Official. Plat, now included in and forming a part of
the City of Waukee, Dallas County, Iowa, Except Parcel `19-92' of a part of said Outlot V as shown in
Survey filed in Book 2019, Page 16817 and Except Parcel '21-94' of a part of said Outlot V as shown in
Survey recorded in Book 2021, Page 28853, and Outlot Z in The Shops at Kettlestone North Plat 1,
an Official Plat, now included in and forming a part of the 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.
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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.
Dated: ____________________________, 2024
THE CITY OF WAUKEE, IOWA
By: ____________________________
Courtney Clarke, Mayor
ATTEST:
By: ____________________________
Rebecca D. Schuett, City Clerk
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STATE OF IOWA )
) SS.
COUNTY OF DALLAS )
On this _____ day of __________________, 2024 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 __________