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HomeMy WebLinkAbout2021-04-19-I01F Stone Prairie Plat 2 Covenants Amendment AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 19, 2021 AGENDA ITEM: Consideration of approval of a resolution consenting to an amendment to the residential covenants, conditions and restrictions for Stone Prairie Plat 2 FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Property owners within Stone Prairie Plat 2 propose to amend the covenants that were filed with the final plat when it was recorded on August 20, 2013. The proposed amendment is to remove the prohibition of above ground pools within Stone Prairie Plat 2. The existing covenants require at least two-thirds of the residents to consent to an amendment and that the City of Waukee consent as well. Greater than two-thirds of the property owners have consented to the amendment. Attached are the signed documents from the property owners who consented to the proposed amendment. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff has no concern with the proposed amendment related to the allowance of above ground pools. RECOMMENDATION: Approve the resolution ATTACHMENTS: I. Proposed Resolution II. Proposed Amendment PREPARED BY: Andy Kass, Senior Planner REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1F THE CITY OF WAUKEE, IOWA RESOLUTION 21- APPROVING CONSENT TO AN AMENDMENT TO THE RESIDENTIAL COVENANTS, CONDITIONS & RESTRICTIONS FOR STONE PRAIRIE PLAT 2 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, Diligent Stone Prairie, LLC, caused to be filed a Declaration of Residential Covenants, Conditions & Restrictions (“Declaration”) that was recorded in the office of the Dallas County Recorder on August 20, 2013 in Book 2013 Page 15562; AND, WHEREAS, the Declaration included a provision which stipulated that any amendments to the Declaration shall be approved by the City of Waukee prior to filing said amendment with the Dallas County Recorder, AND, WHEREAS, Property Owners of Lots 1, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16 and 19 in Stone Prairie Plat 2, are requesting approval of Consent to an Amendment to the Residential Covenants, Conditions & Restrictions for Stone Prairie Plat 2 to remove certain restrictions related to above ground pools. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 19th day of April 2021, that it hereby approves the Consent to an Amendment to the Residential Covenants, Conditions & Restrictions for Stone Prairie Plat 2. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce R. Charles Bottenberg Chris Crone Larry R. Lyon Ben Sinclair