HomeMy WebLinkAbout2019-07-15-J01zEE Prairie Crossing_Amended Construction Restrictions, Operating and Reciprocal Easements AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 15, 2019
AGENDA ITEM: Consideration of approval of a resolution approving First Amendment to
Declaration of Construction, Restrictions, Operating and Reciprocal
Easements (Prairie Crossing)
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The owners of the Prairie Crossing Commercial
Development have requested City consent to some changes they have
proposed making to their Declaration of Construction, Restrictions, Operating
and Reciprocal Easements. The specific changes relate to clarification of
common areas within the development, maintenance responsibilities and
enforcement responsibilities.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff has no issues with the proposed language clarifications
and restrictions. Because the City was an original signatory to the
Declaration, the City is required to consent to the changes.
RECOMMENDATION: Approve the resolution
ATTACHMENTS: I. Proposed Resolution
II. 1st Amendment to Declaration
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1EE
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
APPROVING FIRSTAMENDMENT TO DECLARATION OF CONSTRUCTION,
RESTRICTIONS, OPERATING AND RECIPROCAL EASEMENTS
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, Alices L.C. caused to be filed a Declaration of Construction, Restrictions,
Operating and Reciprocal Easements (“Declaration”) that was recorded in the office of the
Dallas County Recorder on April 27, 2018 in Book 2018 Page 6962; 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, Alices L.C. is requesting approval of a First Amendment to the Amended and
Restated Declaration to clarify common areas, obligations for maintenance and enforcement
within the original Declaration.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this
15th day of July 2019, that it hereby approves the First Amendment to Declaration of
Construction, Restrictions, Operating and Reciprocal Easements.
____________________________
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