HomeMy WebLinkAbout2014-02-03-Resolutions 14-038_Crossing at Alice's Rd P2 - Partial Release of Development AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-038
APPROVING PARTIAL RELEASE OF PROPERTY ENCUMBERED BY
AGREEMENT TO COMPLETE PUBLIC IMPROVEMENTS -THE CROSSING
AT ALICE'S ROAD PLAT 2 BETWEEN THE CITY OF WAUKEE AND
ALICES,L.C.
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,on July 1,2008,the City of Waukee ("City"),and Alices,L.c.(the
"Developer")entered into an Agreement to Complete Public Improvements -The
Crossing at Alice's Road Plat 2 ("Agreement")whereby the City required the Developer
to bring all streets to a grade acceptable to the City,and to install all sidewalks,paving,
sewers,water,gas and electric utilities before said plat was approved,all as further
described in the Agreement recorded in the Office of the Recorder,Dallas County,Iowa
as Document 9606 in Book 2008 Page 9606.
WHEREAS,the agreement was recorded on large portion of property that was described
by metes and bounds which is more particularly described in the Agreement,which has
now been platted and Developer requests that a portion of the property be released from
the agreement to allow for its sale.
For valuable consideration,receipt of which is hereby acknowledged,the undersigned
CITY OF WAUKEE,IOWA ("City"),does hereby release and discharge the real estate
legally described as:
Lot 1,in Prairie Crossing Plat 1,an Official Plat,now included in and
forming a part of the City of Waukee,Dallas County,Iowa
from all covenants,connnitments and obligations of the parties related to the Agreement,
which is recorded in the Dallas County Recorder's Office as stated above,and that all
obligations created therein are hereby paid off,released satisfied and discharged.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in
session this 3"d day of'February,2014,that it hereby approves of the partial release of
property encumbered by agreement.
.Harvey,Pre .ing Officer
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE NAY
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X
X
ABSENT
X
X
ABSTAIN