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HomeMy WebLinkAbout2013-07-22-Resolutions 13-193_Fox Creek Estates P3 - Partial Release of Development AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 13-193 APPROVING THE PARTIAL RELEAS'EOF DEVELOPMENT AGREEMENT FOX CREEK ESTATES PLAT 3 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;AND, WHEREAS,Fox Creek Estates,L.L.C.,an Iowa limited liability company,as "Property Owner",and the City of Waukee,Iowa ("City"),entered into that certain Development Agreement dated September 29,2009 and recorded October 2,2009 in Book 2009 at Page 16243 in the office of the Recorder of Dallas County,Iowa (the "Agreement"); AND, WHEREAS,Perfect Acres,L.L.C.,an Iowa limited liability company ("Perfect Acres"), is a successor Property Owner under the Agreement;AND, WHEREAS,Perfect Acres has satisfied its obligations for park land dedication,park land site improvements and costs associated with the public infrastructure adj acent to the park pursuant to the Agreement and applied against the following described real estate, to-wit (the "Property"): Lots 1 -25 and Outlot Z in FOX CREEK ESTATES PLAT 3,an Official Plat in Waukee,Dallas County,Iowa, and the City has agreed to release the Property from the obligations of the Agreement as they relate to the Property. NOW,THEREFORE BE IT RESOLVED,the City does hereby acknowledge that Perfect Acres has satisfied its obligations pursuant to the Agreement in relation to the Property and the Property is hereby released from the obligations and provisions of the Agreement on this 22nd day of July,2013, Attest: ttuwAJ?~dM#f ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Shane Blanchard X Casey L.Harvey X Shelly Hughes X C.Isaiah McGee X Mike Watts X