HomeMy WebLinkAbout2016-12-19-Resolutions 16-518_Copeland Rec and Sports Complex - Terminate Restrictive CovenantTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-518
APPROVING AN AGREEMENT TO TERMINATE RESTRICTIVE COVENANT ON
PROPERTY OWNED BY THE CITY OF WAUKEE
IN THENAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee purchased property consisting of approximately 200 Acres
located west of the existing City limits and legally described as:
The Northwest Quarter of the Southeast Quarter (NW Y4 SE '/4)and the Southwest
Quarter (SW 94)of Section 36 Township 79 North,Range 27 West of the 5"P.M.,Dallas
County,Iowa,together with all of the land south of the Southwest Quarter of said Section
36 lying adjacent to and north of 300'"Street (hereinafter the "Property").;AND,
WHEREAS,in approximately 2008,when the purchase was completed,it was contemplated
that the City would use the property for a recreation and sports complex and restrictive covenants
were placed on the property by the previous owners restricting the use to public recreation,
naming among other restrictions more particularly set forth in the restrictive covenants recorded
on the property;AND
WHEREAS,since the purchase,the City has experienced explosive growth and additional
recreational facilities are being developed for the benefit of the public including but not limited
to the soccer fields at the Timberline Middle School as well as the softball and baseball fields at
the proposed sports complex being planned north of Highway 6 within the existing city limits
has reduced the likelihood that the property will be developed on the Copeland parcel in the
foreseeable future;AND
WHEREAS,the City is beginning the process of updating its comprehensive plan,including the
area west of Waukee,and will be considering the long term needs for city facilities and potential
uses for the land.The existence of a restrictive covenant no longer is desirable and it is in the
City's interest that the restriction on the uses of the property be eliminated to allow the City
complete flexibility relative to this asset;AND
WHEREAS,the City Council of the City of Waukee finds that the existence of the Restrictive
Covenant no longer benefits the citizens of the City of Waukee and that the same should be
terminated;AND
WHEREAS,after discussions with the Copeland family,an agreement was reached that allows
for the termination of the restrictive covenant and that is in the best interest of the City that it be
approved.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the
Agreement for the Termination of Restrictive Covenant should be and the same is hereby
approved.
Passed by the City Council of the City of Waukee,Iowa,and approved this the 19'"day of
December,2016.
Attest:
tarn .card,Mayor
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
X
NAY ABSENT ABSTAIN