HomeMy WebLinkAbout2018-03-19-J01R Release from Development Agreement_The Shops at Kettlestone North Plat 1 AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 19, 2018
AGENDA ITEM: Consideration of approval of a resolution approving the Release of Property
from Development Agreement [The Shops at Kettlestone North Plat 1]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: In 2017, the City entered into a Development Agreement
with ARAC, Inc (Kurt Brewer) which among other things included provisions
for the construction of a portion of SE Tallgrass Lane west of Grand Prairie
Parkway. The Development Agreement encumbered all of the property
owned by ARAC including the property known as Outlot V in The Shops at
Kettlestone North Plat 1 which is located at the southeast corner of SE Esker
Ridge Drive and Grand Prairie Parkway and is intended to be sold to Hy Vee
for the construction of a Hy Vee Fast and Fresh.
Hy Vee has requested a release from this agreement prior to them closing on
the property. The proposed Tallgrass improvements are not contiguous to the
property in question and staff is comfortable with the proposed request.
The proposed release from the development agreement only pertains
specifically to Outlot V in The Shops at Kettlestone North Plat 1.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff would recommend approval of the resolution
RECOMMENDATION: Approve the resolution
ATTACHMENTS: I. Proposed Resolution
PREPARED BY: Brad Deets, Development Services Director
REVIEWED BY:
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1R
Prepared by: Timothy C. Hogan, Hogan Law Office, 3101 Ingersoll Ave., Suite 103, Des Moines, IA 50312
515-279-9059
Return to: City Clerk, City of Waukee, 230 West Hickman Road, Waukee, IA 50263
RELEASE OF PROPERTY FROM DEVELOPMENT AGREEMENT
THE CITY OF WAUKEE, IOWA, does hereby acknowledge that all obligations for the
construction of certain improvements and the payment of costs set forth in the Development
Agreement recorded January 11, 2017 in Book 2017 at Page 672, and in the Developer’s
Agreement recorded January 11, 2017 in Book 2017 at Page 671, all in the office of the Recorder
for Dallas County, Iowa (the "Agreements"), are satisfied and fully released as such obligations
are allocated and applied against the following described real estate (the "Property"):
Outlot V in The Shops at Kettlestone North Plat 1, an Official Plat, now included
in and forming a part of the City of Waukee, Dallas County, Iowa.
Except for the release of the obligations and costs in relation to the Property herein, the
Agreements remain in full force and effect and unchanged.
This release shall be filed of record with the Recorder of Dallas County, Iowa.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural, and as masculine, feminine or neuter gender, according to the context.
Dated: ________________, 2018. CITY OF WAUKEE, IOWA,
an Iowa municipal corporation
William F. Peard, Mayor
Rebecca D. Schuett, City Clerk
STATE OF IOWA, COUNTY OF DALLAS:
This record was acknowledged before me on _______________, 2018 by William F.
Peard and Rebecca D. Schuett, as Mayor and City Clerk, respectively, of the City of Waukee,
Iowa.
By:
Notary Public