HomeMy WebLinkAbout2019-07-15-J01zCC Partial Satisfaction of Dev Agr_Alices LC (Alice's Road Improvements) AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 15, 2019
AGENDA ITEM: Consideration of approval of resolution approving Partial release of
property encumbered by Development Agreement – NE Alice’s Road
Construction between the City of Waukee and Alices, L.C.
FORMAT: Consent
SYNOPSIS INCLUDING PRO & CON: Alices LC (Knapp Properties) is in the process of
selling a lot within the Prairie Crossing Development. As a part of the
due diligence for the buyer, they have asked that the property that is a
part of the sale be released from an existing development agreement
related to improvements with Alice’s Road. At the time the agreement
was put in place, the subject property was a part of a larger lot, which has
since been subdivided. Knapp’s obligations as it relates to Alice’s Road
have been satisfied.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff has reviewed the Agreement and believes the
agreement can be satisfied.
RECOMMENDATION: Approve the Resolution
ATTACHMENTS: I. Proposed Resolution
II. Partial Satisfaction
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1CC
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
APPROVING PARTIAL RELEASE OF PROPERTY ENCUMBERED BY
DEVELOPMENT AGREEMENT – NE ALICE’S ROAD CONSTRUCTION
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 21, 2008, the City of Waukee (“City”), and Alices, L.C. (the
“Owner”) entered into a Development Agreement – NE Alice’s Road Construction
(“Agreement”) whereby the City agreed to install specific Improvements, as defined
therein, and required the Developer to post a bond to cover the costs of said
Improvements before said plat was approved, all as further described in the Agreement
recorded in the Office of the Recorder, Dallas County, Iowa as Document 11529 in Book
2008 Page 11529.
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 7, an Official Plat, now included in and
forming a part of the City of Waukee, Dallas County, Iowa
from all covenants, commitments 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 15th day of July, 2019, that it hereby approves of the partial release of
property encumbered by agreement.
____________________________
William F. Peard, Mayor
_______________________________________
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: Brad Deets, City of Waukee, 230 W. Hickman Rd, Waukee, IA 50263 (515) 978 -7899
Return to: Rebecca D. Schuett, City Clerk, City of Waukee, 230 W. Hickman Rd, Waukee, IA 50263
PARTIAL RELEASE OF DEVELOPMENT AGREEMENT – NE ALICE’S ROAD
CONSTRUCTION BETWEEN THE CITY OF WAUKEE AND ALICES, L.C.
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, on July 21, 2008, the City of Waukee (“City”), and Alices, L.C. (the
“Owner”) entered into a Development Agreement – NE Alice’s Road Construction
(“Agreement”) whereby the City agreed to install specific Improvements, as defined therein, and
required the Developer to post a bond to cover the costs of said Improvements before said plat
was approved, all as further described in the Agreement recorded in the Office of the Recorder,
Dallas County, Iowa as Document 11529 in Book 2008 Page 11529.
WHEREAS, the Agreement was recorded on a 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 7, an Official Plat, now included in and forming a part of
the City of Waukee, Dallas County, Iowa
From all covenants, commitments 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 threin are hereby paid off, released satisfied and discharged.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
15th day of July, 2019, that it hereby approves of the partial release of property encumbered by
agreement.
_____________________________
William F. Peard, Mayor
Attest:
_________________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA )
) SS.
COUNTY OF DALLAS )
On this _____ day of __________________, 2019 before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard and Rebecca D. Schuett,
to me personally known, and who, being by me duly sworn, did say that they are the Mayor and
City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the foregoing
instrument is the official seal of said City, and that the instrument was signed and sealed on behalf
of the City, by authority of its City Council, and that William F. Peard and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary
act and deed of the City, by it and them voluntarily executed.
________________________________
Notary Public in and for the State of Iowa
My Commission expires __________