HomeMy WebLinkAbout2024-09-16 I01E_06 Partial Release of Development Agr_1-80 West Industrial Park AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 16, 2024
AGENDA ITEM: Consideration of approval of a Resolution approving a Partial Release of
Development Agreement with 117 Land Company, LLC, and RJ Lawn
Service, Inc. (I-80 West Industrial Park Agreement).
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: 117 Land Company, LLC, and RJ Lawn Service,
Inc., entered into an agreement with the City in 2017 related to
improvements and responsibilities related to public improvements and
private site improvements. The improvements have been completed as
they relate to the property subject to this proposed partial release.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: The provisions to the agreement have been satisfied as it
relates 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:
I1E6
THE CITY OF WAUKEE, IOWA
RESOLUTION 2024-
APPROVING A PARTIAL RELEASE AND SATISFACTION FOR DEVELOPMENT
AGREEMENT – 117 LAND COMPANY, LLC, AND RJ LAWN SERVICE, INC.
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, 117 Land Company and RJ Lawn Service, Inc., (collectively “Property Owners”)
entered into a Development Agreement (“Agreement”) with the City of Waukee, dated
November 6, 2017, and recorded on November 13, 2017, in Book 2017 Page 22067, Dallas
County, Iowa regarding development of I-80 West Industrial Park.
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 the following legally described area:
LOT 3 OF I-80 WEST INDUSTRIAL PARK PLAT 1
Passed by the City Council of the City of Waukee, Iowa, and approved this the 16th day of
September 2024.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
R. Charles Bottenberg
Chris Crone
Rob Grove
Anna Bergman Pierce
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: LOT 3 OF I-80 WEST INDUSTRIAL PARK PLAT 1
The City of Waukee, Iowa entered into a Development Agreement with 117 Land Company,
LLC, and RJ Lawn Service, Inc. (collectively, “Property Owner”), which was recorded on
November 13, 2017 in Book 2017 at Page 22067 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:
LOT 3 OF I-80 WEST INDUSTRIAL PARK PLAT 1
All other provisions of the Development Agreement recorded on November 13, 2017 in
Book 2017 at Page 22067 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 __________