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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