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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