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HomeMy WebLinkAbout2025-02-18 I01F_02 Partial Release and Satisfaction_Stratford Crossing AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: February 18, 2025 AGENDA ITEM: Consideration of approval of a partial 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. The current owner of the property is in the process of selling a portion of the property related to Outlot X of Stratford Crossing Plat 1 and the owner has requested that a release and satisfaction pertaining to the Purchase Agreement be approved in order to clear up title on the property being sold. 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: Andy Kass, Community Development Director REVIEWED BY: I1F2 THE CITY OF WAUKEE, IOWA RESOLUTION 2025- APPROVING A PARTIAL 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 Outlot X 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 2019, Page 12296 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 February 2025. ____________________________ 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 1 Return to: Rebecca Schuett, City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 Prepared by: Andy Kass, Community Development Dir, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 978 - 7899 PARTIAL RELEASE OF PROPERTY FROM OBLIGATIONS OF PURCHASE AGREEMENT RE: Outlot X 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 2019, Page 12296 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 Outlot X 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 2019, Page 12296 in the office of the Recorder of Dallas County, Iowa and said property can be released. Dated: ____________________________, 2025 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 __________________, 2025 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 __________