The URL can be used to link to this page

Home My WebLink About2013-04-15-Resolutions 13-127_Glynn Village P1 - Development AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 13-127 APPROVING DEVELOPMENT AGREEMENT RELATED TO GLYNN VILLAGE SUBDIVISION BETWEEN THE CITY OF WAUKEE,IOWA, AND HUBBELL METROPOLITAN DEVELOPMENT FUND I,LLC (SERIES E) IN THE NAME AND BY THE AUTHORiTY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization ("City");AND, WHEREAS,Hubbell Metropolitan Development Fund I,LLC (Series E)("Property Owner")has requested approval of a rezoning of certain property within the Glynn Village SUbdivision;AND, WHEREAS,the Property Owner and the City wish to set forth their agreements with respect to the conditions and restrictions which will arise with respect to the property as a result of such rezoning and development. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 15th day of April,2013,that the Development Agreement referenced above and attached as an exhibit hereto is hereby approved. BE IT FURTHER RESOLVED that the City Clerk shall cause the original to be recorded upon the property by submitting the original to the Dallas County Recorder with the appropriate recording fees. Attest: kP?'--~~~ ROLL CALL VOTE Shane Blanchard Casey L.Harvey Shelly Hughes C.Isaiah McGee Mike Watts AYE X X NAY ABSENT ABSTAIN X X X 1111111111111111111111 1\11111111111111111111111111111111111111111111111111111111111111111111111 Book 2013 Page 9101 Document Sle1 Type AGMNT Pages 7 Date 5/2112013 Time 8112 AM Rae Amt $37.013 MTG- peRF -BKRF _ Chad Airhart.Recorder ODD - Dallas County IOWA ole _ 11111111111111111111111111111111111 DEVELOPMENT AGREEMENT Hubbell Metropolitan Development Fund I,LLC (Series E);City of Waukee,IA Recorder's Cover Sheet Preparer Information (name,address and phone number): Bradly M.Deets City of Waukee 230 W.Hickman Rd. Waukee,IA 50263 Phone:(515)987-4522 Bill/Return Document to (name and complete address): Rebecca D.Schuettjj.f'Ucity of Waukee6230W.Hickman Rd. Waukee,IA 50263 Phone:(515)987-4522 Legal Description:Lots 87 through 93 of Glynn Village Plat 1,an Official Plat,City of Waukee,Dallas County,Iowa Document or Instrument Number of Previously Recorded Documents: 'Book 2013 Page 9101 1 of 7 WHEN RECORDED RETURN TO: Rebecca Schuett Deputy City Clerk 230 W Hickman Road Waukee,Iowa 50263 Preparer Information:Brad Deets,City of Waukee,230 W Hickman Road,Waukee,Iowa 50263 Phone (515)987-4522 DEVELOPMENT AGREEMENT This Development Agreement ("Agreement")is made and entered into this b-tVI day of /Ylu.y ,2013,by and between the CITY OF WAUKEE,IOWA,a municipal corporation ("City"),and HUBBELL METROPOLITAN DEVELOPMENT FUND I,LLC (SERIES E),an Iowa Limited Liability Company ("Property Owner"), WITNESSETH: WHEREAS,Property Owner presently owns certain real property located within the corporate limits of the City which is legally described on Exhibit "A",attached hereto (the "Property");and WHEREAS,the City and Property Owner desire that the Property be rezoned from R-I [Single Family Residential District]and PD-I [Planned Development Overlay District]to R-4 [Row Dwelling and Townhome Dwelling District]and PD-I [Planned Development Overlay District]prior to development in accordance with,and in consideration of,the provisions of this Agreement and Section 414.5 of the Iowa Code;and WHEREAS,Property Owner and the City wish to set forth their agreements with respect to the conditions and restrictions which will arise with respect to the Property as a result of such rezoning and development. NOW,THEREFORE,in consideration of the above premises,the rezoning of the Property and the promises and agreements set forth herein,it is hereby agreed between Property Owner and the City as follows: 1.Rezoning.The Property shall be rezoned to R-4 [Row Dwelling and Townhome Dwelling District]and PD-I [Planned Development Overlay District]from its present zoning classification of R-I [Single Family Residential District]and PD-I [Planned Development Overlay District]. 2.Site Plan.Prior to development of the Property,the Property Owner shall submit and have approved by the City Council,a site plan which is consistent with this Development Agreement for the construction of 14 attached townhome units.As a part of the site plan,the Book 2013 Page 9101 2 of 7 Property Owner shall address modifications to the existing clubhouse site adjacent to the Property to further enhance the pedestrian access to the clubhouse facility and improve site vision within the parking lot as identified on Exhibit B.The modifications requested are the construction of a handicapped ramp from the existing trail to the clubhouse facility as well as the relocation of the existing trash enclosure to provide better site clearance within the driveway, 3.Certificate of Occupancy.No Certificate of Occupancy shall be issued on the Property until such modifications as described in Exhibit B are completed to the satisfaction of the City. 4.Binding.The terms and conditions of this Agreement shall be binding upon and shall inure to the benefit of the heirs,successors and assigns of the respective parties hereto,and all of the terms and conditions of this Agreement shall constitute conditions,covenants and restrictions running with the land in perpetuity for the Property. 6.Severability.If any provision hereof is for any reason unenforceable or inapplicable,the other provisions hereof will remain in full force and effect in the same manner as if such unenforceable or inapplicable provisions had never been contained herein. 7.Governing Law.This Agreement shall be governed by and construed in accordance with the laws of the State ofIowa. 9.Effective.This Agreement is subject to and contingent upon approval by the Waukee City Council of the rezoning of the Property in accordance with paragraph I.In the event the Waukee City Council does not approve said zoning change,this Agreement shall be null and void. 10.Recording.This Agreement shall be recorded with the Dallas County,Iowa, Recorder,as an exhibit to the ordinance rezoning the Property,and shall constitute a valid and effective agreement pursuant to the terms and conditions of Section 414.5 of the Iowa Code. [REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK;SIGNATURE PAGE FOLLOWS.] 2 Book 2013 Page 9101 3 of 7 IN WIlNESS WHEREOF,the parties have executed this Agreement effective as of the date first above written. CITY OF WAUKEE BY~~/1liaI11:P'ear:Ma;r Attest: ~2z~~ T·M C'Ad .im oerman,tty ministrator STATE OF IOWA ) )SS. COUNTY OF DALLAS ) On this ~day of MO.¥.,2013,before me,the undersigned,a Notary Public in and for the State of Iowa,per onally appeared WIlham F.Peard and TIm Moerman,to me personally known,and who,being by me duly sworn,did say that they are the Mayor and City Administrator,respectively,of the City of Waukee,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and that the instrument was signed and sealed on behalf of the corporation,by authority of its City Council,as contained in the Resolution No. /?,-!Ji adopted by the City Council on the ~day of /YItA.~,2013,and that William F.Peard and Tim Moerman acknowledged the execution of the Instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. j:'"~REBECCAD.SCHUrn~F Commission Number 716496 ...My Commission expires ow May 13,2014 lp;lutAf,JiJM;bf- Notary Public in and for the State ofIowa My Commission expires 0S;JI?!Wllj 3 Book 2013 Page 9101 4 of 7 PROPERTY OWNER:LITAN D I,LLC (Series E) pany,Managing Member .,Vice President STATE OF IOWA ) )SS COUNTY OF DALLAS) On this £day of MO-\j ,20~,before me,the undersigned,a Notary Public in and for said County and the State of Iowa,personally appeared Joseph F. Pietruszynski and Jennifer L.Drake,to me personally known,who being by me duly sworn,did state that they are the Vice President and Assistant Secretary,respectively,of Hubbell Realty Company,an Iowa corporation,the managing member of Hubbell Metropolitan Development Fund I,LLC (Series E)a series of a multi-series Iowa limited liability company. By:jje 1\o-'b ~\~dl\. Printed Name:0(\.=h (,\A&hcl \\ Notary Public in and for the State of Iowa~ .'"<.SARAH CUTSHAlJ. ~~ccmmtsston NlJI'11ber 77f1175 •.•My Commlsslon ElcpirBa10......._ll)...-S~'Y 4 Book 2013 Page 91015of7 Exhibit A Legal Description of the Property Lots 87 through 93 of Glynn Village Plat I,an Official Plat,City of Waukee,Dallas County, Iowa. 5 Book 2013 Page 9101 6 of 7 Exhibit B Clubhouse Site Improvements 6 Book 2013 Page 9101 7 of 7