HomeMy WebLinkAbout2019-02-19-J01P Partial Satisfaction of Agreement - Painted Woods Plat 3 AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: February 19, 2019
AGENDA ITEM: Consideration of approval of a resolution approval Partial Satisfaction of
Development Agreement, Petition, Contract and Waiver and Notice
Regarding Sanitary Sewer Lien and Future Special Assessments [Lots 1/1A
and 2/2A of Painted Woods Plat 3]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: Staff has been contacted in regards to a title issue related
to 145 Indian Ridge Drive and 125 Fox Landing within the Painted Woods
subdivision. The issue relates to a special sanitary sewer fee that is required
related to all of the lots within the Painted Woods Subdivision pursuant to a
previously approved Development Agreement.
Checks have been provided for the special sanitary sewer fee pertaining to the
above addresses and therefore the provision within the agreement pertaining
to a sanitary sewer lien can be released in order to clean up the title to the
property.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Satisfaction of Agreements
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1P
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
APPROVING THE PARTIAL SATISFACTION OF DEVELOPMENT AGREEMENT,
PETITION, CONTRACT AND WAIVER AND NOTICE REGARDING SANITARY
SEWER LIEN AND FUTURE SPECIAL ASSESSMENTS
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, Homes by DePhillips, LLC (“Property Owner) is successor in title to property
owned by Painted Woods Development Company Joint Venture and legally described as Lots 1,
1A, 2, 2A of Painted Woods Plat 3, an Official Plat, Waukee, Dallas County, Iowa; AND
WHEREAS, Painted Woods Development Company Joint Venture and the City of Waukee,
Iowa, a municipal corporation (“City”), entered into that certain Development Agreement dated
March 1, 2007 and recorded March 30, 2007 in Book 2007 at Page 4322 in the office of the
Recorder of Dallas County, Iowa (the “Agreement”) which among other things included
provisions for a sanitary sewer lien; AND
WHEREAS, Property Owner has satisfied its obligations related to said sanitary sewer lien
pursuant to Section 2 of the Agreement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa on
this the 19th day of February 2019 that the Partial Satisfaction of Development Agreement
related to Lots 1, 1A, 2 and 2A of Painted Woods Plat 3 be approved.
____________________________
William F. Peard, Mayor
Attest:
_______________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R. Lyon
Prepared by: Bradly M. Deets, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 987 -4522
Return to: Rebecca D. Schuett, City Clerk City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 (515) 987 -4522
PARTIAL SATISFACTION OF DEVELOPMENT AGREEMENT, PETITION,
CONTRACT AND WAIVER AND NOTICE REGARDING SANITARY SEWER LIEN
AND FUTURE SPECIAL ASSESSMENTS
RECITALS
A. Homes by DePhillips LLC (“Property Owner”) is successor in title to property owned
by Painted Woods Development Company Joint Venture and legally described as
Lots 1 and 1A; and 2 and 2A of Painted Woods Plat 3, an Official Plat, Waukee,
Dallas County, Iowa.
B. Painted Woods Development Company Joint Venture and the City of Waukee, Iowa,
a municipal corporation (“City”), entered into that certain Development Agreement
dated March 1, 2007 and recorded March 30, 2007 in Book 2007 at Page 4322 in the
office of the Recorder of Dallas County, Iowa (the “Agreement”) which among other
things included provisions for a sanitary sewer lien.
C. Property Owner has satisfied its obligations related to said sanitary sewer lien
pursuant to Section 2 of the Agreement in relation to the following described real
estate, to-wit (the “Property”):
LOTS 1, 1A, 2 AND 2A IN PAINTED WOODS PLAT 3, AN OFFICIAL PLAT,
WAUKEE, DALLAS COUNTY, IOWA.
NOW, THEREFORE, the City does hereby acknowledge that Property Owner
has satisfied its obligations for the sanitary sewer payment pursuant to Section 2 of
the Agreement in relation to the Property and the Property is hereby released from the
obligations and provisions of Section 2 of the Agreement and such lien is hereby
redeemed, paid off, satisfied and discharged in full as it relates to the Property.
This partial release shall be filed of record with the Dallas County, Iowa,
Recorder.
Except for the release of the obligations in relation to the Property herein, the
Agreement remains in full force and effect and unchanged.
Words and phrases herein, including acknowledgement hereof, shall be construed
as in the singular or plural, and as masculine, feminine or neuter gender, according to
the context.
Dated: ______________, 2019
CITY OF WAUKEE, IOWA,
An Iowa municipal corporation
By: _________________________
William F. Peard, Mayor
Attest:________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA, COUNTY OF DALLAS:
On this ____ day of _______________ 2019, before me, the undersigned, a
Notary Public in and for said County and State personally appeared William F. Peard
and Rebecca D. Schuett, to me personally known, who being by me duly sworn, did
say they are the Mayor and City Clerk of the City of Waukee, Iowa, a municipal
corporation, executing the within and foregoing instrument and acknowledged that
they executed the same as their voluntary act and deed of the City of Waukee, by it
and by them voluntarily executed.
By:________________________
Notary Public in and for said State of
Iowa