HomeMy WebLinkAbout2014-10-24-Resolutions 14-304_Bluestem P1-2 - Parkland Dedication AgrTHE CITY OF WAUIME,IOWA
RESOLUTION 14-304
APPROVING PARI&AND DEDICATION AGRKKMKNT BY AND BETWEEN THK
CITY OF WAUKKK,IOWA,AND DILIGENT STONE PRAIRIE,LLC
IN THE NAME AND BYTHE AUTHOMTY OF THE CITY OF 8'A USE,IOS'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,a Parkland Dedication Agreement,attached hereto as Exhibit A,is proposed
related to parkland dedication requirements for Bluestem Plats 1 and 2,known in the agreement
as the Bluestem Development;AND
WHEREAS,attorneys for both parties have reviewed the agreement and find it satisfactory.
NOW,THEREFORE,BK IT RESOLVED by the City Council of the City of Waukee,Iowa
on this 24'"day of October,2014,that the Parkland Dedication Agreement by and between the
City of Waukee,Iowa,and Diligent Stone Prairie,LLC,is approved.
illiai .Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L,Harvey
Shelly Hughes
Rick Peterson
AYE
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NAY ABSENT ABSTAIN
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Document 15158 Tt&pa AG&tt&T PaGee 7
Date ttr'88''2814 Time 18&81 AR
Rec Amt 837.88 RTG
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Book 2014 Page 1515S'
PARIMAND DE&DICATION AGREE&MENT
City of yankee,IA;Diligent Stone Prairie,LLC
Recorder's Cover Sheet
Preparer Information (name,address and phone number):
Steve Brick
Brick Gentry Law
6701 Westown Pkwy.,Ste.100
West Des Moines,IA 50266
Phone:(515)274-1450
Bill/Return Document to (name and complete address):
Rebecca D.Schuett
City of Waukee
230 W.Hicklnan Rd.
Waukee,IA 50263
Phone:(515)987-4522
Legal Description:SEE EXHIBITS
Document or Instrument Number of Previously Recorded Documents:
Book 2814 Page 151581of7
PA RKI AND DEDICATION AGREEMENT
Tlris Parldand Dedication Agreement ("Agreement")is made and entered into by and
between the City of Waukee,Iowa,a municipal corporation duly formed and existing pursuant to
the laws of the State of Iowa ("City"),and Diligent Stone Prairie,LLC,a limited liability
company duly formed and existing pursuant to the laws of the State of Iowa ("Property Owner").
WITNESSETH:
WHEREAS,Property Owner is the owner of real estate consisting of approximately
2.497 acres legally described on Exlribit A located within the city lnnits of the City of Waukee,
Dallas County,Iowa and adjacent to an existing park owned by the City (the "Parkland");and
WHEREAS,Diligent BSP Holdings,LLC,a limited liability company duly formed and
existing pursuant to the laws of the State of Iowa ("Diligent BSP"),is in the process of
developing and platting certain real estate located within the city limits of the City of Waukee,
Dallas County,Iowa for the development of residential single family subdivisions referenced as
Bluestem Plat 1 and 2 (the "Bluestem Development");and
WHEREAS,pursuant to the parkland dedication ordinance,Diligent BSP is required to
dedicate unto the City approximately 1.224 acres of parkland,although the exact amount of
acreage cannot be deterinined until such time as final plat submission;and
WHEREAS,Property Owner proposes to dedicate a portion of the Parkland to the City
on behalf of Diligent BPS in satisfaction of the parkland dedication requirements for the
Bluestem Development;and
ViTFKREAS,Property Owner proposes to dedicate the reniainder of the Parkland to the
City from time to time in satisfaction of parkland dedication requirements for other
developments within in.the City as more particularly provided in this Agreement.
NOW,THEREFORE,in consideration of the mutual promises and agreements set forth
herein,the sufficiency of which is hereby acknowledged by the parties„the Property Owner and
the City agree as follows:
1.Parkland Dedication.Property Owner shall convey unto the City the Parkland
Bee and clear of any liens or encumbrances within twenty (20)days of the execution of this
Agreement.Property Owner shall prepare,execute and deliver a warranty deed,groundwater
hazard statement and declaration of value and give to the City for review and approval.The City
shall not be responsible for any costs or payment to any party in connection with the dedication
and conveyance of the Parkland hereunder.
2.Parldand Dedication Re uirements.For a full build-out of the Bluestem
Development,which is presently anticipated to consist of sixty-eight (68)single family lots,a
parkland dedication requirement of 1.224 acres is presently required.The parties recognize that
Bluestem Plat 2 has not been approved by the City and the parkland dedication requirements for
Book 28|4 Page ]5]592of7
a full build-out of the requirements may change.The formula for crediting future parkland
dedication shall be as follows:
a.2.497 acres received by the City;
b.Less 0.235 acres yrovided in satisfaction of paragrayh 3 of the Stone Prairie
Development Agreement executed on or about July 12,2010 between the City of
Waukee and Proyerty Owner,successor in interest to Aines Community Bank;
and
c.Less 1.224 acres or the fnml parkland dedication requireinenfs for the Bluestem
Development full build-out.
d.The balance of the Parkland remaining after apylication of the foiTnula set forth
above may be used by Property Owner,or any affiliate or assignee of Propeity
Owner,as a credit for parkland dedication requirements relating to other
development projects within the City,subject to the City's consent given the size,
scope,location,feasibility and characteiistics of such proposed development,in
the City's reasonable discretion.
3.Warrant of Title.Property Owner hereby warrants to the City that Propeity
Owner is the owner of the Parkland to be conveyed and dedicated to the City under paragrayh 1
of this Agreement,and covenants to defend Property Owner's title to the Parkland for the
purpose of this Agreement.
4.Bindin Obli ation.Each party warrants and represents that the Agreement
constitutes a legal,valid and binding obligation and is enforceable in accordance with its terms.
5.Entire A cement.This Agreement constitutes the sole,only,entire,and
comylete Agreement of the parties in regard to the subject of this Agreement.The recitals set
forth above and the exhibits hereto are incorporated herein.No statements,pronuses or
representations have been made by any party to another,or are relied upon,and rio consideration
has been or is offered,promised,expected or held out,other than that constituted by this
Agreement,unless contained in a separate writing,sign.ed by the obligating parties.No
conditions precedent to the effectiveness of this Agreement exist,other than as may be expressly
provided herein.All prior discussions and negotiations have been and are merged and integrated
into,and are superseded by,this Agreement.
6.Ainendinent and Waiver.The Agreement may only be modified in.writing signed
by the paries hereto.No conduct or inaction on the part of the parties shall be construed as a
waiver or relinquislnnent of any rights of the parties pursuant to the Agreement.No waiver of
any breach of any term or yrovision of the Agreement shall be construed to be,or shall be,a.
waiver of any other breach of the Agreement.No waiver shall be binding unless in writing and
signed by the party waiving the breach.
Book 28'l4 Page 151593of7
7.Le al Re resentation.In the execution of this Agreement,and the negotiations
leading thereto,each party was represented by counsel of its own selection.Prior to the
execution of this Agreement by each pity,the party's attorney received this Agreement and
advised the paly with respect to the advisability of making the agreements provided herein and
of executing this Agreement,Counsel for the paries have participated in the preparation of this
Agreement.This Agreement was subject to revision and modification by all parties and has been
accepted and approved as to its final form by counsel for all parties in consultation with their
respective clients.Accordingly,any ambiguity existing in this Agreemeut shall not be
interpreted against any party as a result of the manner of the preparation of this Agreement.
8.Waiver of Unenforceabilit .To the extent permitted by law,the pazties hereby
waive any provision of law that renders any provision hereof prohibited or unenforceable in any
respect.
9.Law and Jurisdiction.This Agreement shall be governed by Iowa law.In relation
to any legal action or proceeding a6sing out of or in connection with this Agreement,each of the
parties irrevocably submits to the non-exclusive jurisdiction of the Iowa Distinct Cont in and for
Dallas County,Iowa,and other couzts with jurisdiction to hear appeals from such couit,
[Sign atzzre pages on following pagesj'
Book 2814 Page 15159
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CITY OF WAUKKK,IOWA
By:
Willi F.P ea,ayor
By:
Rebecca D.Schuett,City Clerk
Date:6 ~89,2014
COUNTY OF DALLAS
)
)ss.
)
On this day of ,2014,before me,the undersigned,a
Notary Public in an for the State o Iowa,personally appeared William F.P card and Rebecca D.
Schuett,to me personally known,who,being by me duly swoiw,did say that they are the Mayor
and City Clerk,respectively,of the City of Waukee,Iowa;that the seal affixed to the foregoing
instmment is the corporate seal of the corporation,and that the instrument was signed and sealed
on behalf of fhe corporation by authority of its City Council,and that Mayor and City Clerk,as
such officers,acknowledge the execution of said instrument to be the voluntary act and deed of
the City of Waukee,by them voluntaiily executed.
Ng~ary obli in and for the State of Iowa
My Commission expires
1
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5 oi 7
DILIGE&WT STONE&PRAIME&,LLC
By:
Steve Bi ere,anager
Dated:
STATE OF IO VfA )
)ss.
COUNTY OF DALLAS )
,"',BESECCA VAN LEEUNEMrCommlssiorlNumbert/8055
My Commission Expires
April 18,2016
On this dny of ',,2014,before me,n Notary Public in and for said
county,personally appearecl Steve Bruere,to me personally lcnown,who being by me duly
(sworn or affirmed)did sny that he is the Manager of said limited liability company,that saicI
instrument was signed on behalf of the said limited liability company;and,that said Steve
Bruere,as such Manager,aclcnowledged fhe execution of said instrument to be the voluntary act
and deed of said limited liability company,by it and by him voluntarily executed.
Notary Public 'a for the State of Iowa
My Commission expires
Book 2814 Page 15159Bof7
EXHIBIT A
LEGAL DESCRIPTION OF PARKLAND
OUTLOT W OF STONE PRAIRIE PLAT I,AN OFFICIAL PLAT IN AND FORMING A
PART OF THE CITY OF WAUKFE,DALLAS COUNTY,IOWA,EXCEPT STONE PRAIRIE
PLAT 2 AND STONE PRAIRIE PLAT 3.
Book 2814 Page 151
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