HomeMy WebLinkAbout2019-07-15-J01zFF Prairie Crossing_Amended and Restated Declaration of Covenants AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 15, 2019
AGENDA ITEM: Consideration of approval of a resolution approving Second Amendment to
Amended and Restated Declaration of Covenants for Prairie Crossing
Commercial Owners Association
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 Covenants. The specific changes
relate to confirmation of uses within the development as well as restrictions on
certain uses related to specific lots within the development. The proposed
language and uses that have been clarified are permitted within the C-1 zoning
district.
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 Covenants,
the City is required to consent to the changes.
RECOMMENDATION: Approve the resolution
ATTACHMENTS: I. Proposed Resolution
II. 2nd Amendment to Amended and Restated Declaration
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1FF
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
APPROVING SECOND AMENDMENT TO AMENDED AND RESTATED
DECLARATION OF COVENANTS FOR PRAIRIE CROSSING COMMERCIAL
OWNERS ASSOCIATION
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 an Amended and Restated Declaration of Covenants
(“Declaration”) that was recorded in the office of the Dallas County Recorder on April 14, 2014
in Book 2014 Page 4110; AND,
WHEREAS, Alices L.C. caused to be filed a First Amendment to Amended and Restated
Declarion of Covenants that was recorded in the office of the Dallas County Recorder on June 9,
2016 in Book 2016 Page 9211; 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 Second Amendment to the Amended and
Restated Declaration of Covenants to clarify specific uses 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 Second Amendment to Amended and Restated
Declaration of Covenants for Prairie Crossing Commercial Owners Association.
____________________________
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