HomeMy WebLinkAbout2018-10-08-D01B Dev Agr Satisfatction_NE Alices Road ImprovementsAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 8, 2018
AGENDA ITEM:Consideration of approval of resolution approving Partial Satisfaction of
Development Agreement related to NE Alice’s Road Construction by
and between Alice’s, L.C. and City of Waukee.
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: Knapp Properties has requested the City approve a
satisfaction of this agreement as it pertains to a real estate transaction that
they are working on.
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:
D1B
1
THE CITY OF WAUKEE, IOWA
RESOLUTION 18-
APPROVING PARTIAL SATISFACTION OF DEVELOPMENT AGREEMENT – NE
ALICE’S ROAD CONSTRUCTION BY AND BETWEEN ALICE’S L.C. AND CITY
OF WAUKEE
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, Alice’s, L.C entered into a Development Agreement dated July 21, 2008, filed
August 19,2008 and recorded in Book 2008 Page 11529 in the office of the Recorder of
Dallas County, Iowa (the “Agreement”)
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa
that the terms of the Agreement have been partially satisfied by all parties and the City
releases Alice’s L.C and their successors and assigns, from all obligations under said
Development Agreement as it relates to the following property:
PARCEL 18-134 OF THE SURVEY OF PART OF OUTLOT Y IN PRAIRIE
CROSSING PLAT 3, AN OFFICIAL PLAT, NOW INCLUDED IN AND
FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA,
AS SHOWN IN BOOK 2018, PAGE 18245 IN THE OFFICE OF THE
RECORDER OF DALLAS COUNTY, IOWA.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 8th day of
October, 2018.
____________________________
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 – NE ALICE’S ROAD
CONSTRUCTION BY AND BETWEEN ALICE’S, L.C. AND CITY OF WAUKEE
RECITALS
A. Alices, L.C., an Iowa limited liability company (“Developer”) and the City of Waukee,
Iowa, a municipal corporation (“City”), entered into that certain Development Agreement – NE
Alice’s Road Construction, dated July 21, 2008, filed August 19, 2008 and recorded in Book 2008
Page 11529 in the office of the Recorder of Dallas County, Iowa (the “Agreement”).
B.Developer has satisfied its obligations related to the Agreement in relation to the
following described real estate, to-wit (the “Property”):
PARCEL 18-134 OF THE SURVEY OF PART OF OUTLOT Y IN PRAIRIE CROSSING PLAT 3,
AN OFFICIAL PLAT, NOW INCLUDED IN AND FORMING A PART OF THE CITY OF
WAUKEE, DALLAS COUNTY, IOWA, AS SHOWN IN BOOK 2018, PAGE 18245 IN THE
OFFICE OF THE RECORDER OF DALLAS COUNTY, IOWA.
NOW, THEREFORE, the City does hereby acknowledge that Developer has satisfied its
obligations of the Agreement in relation to the Property and the Property is hereby released from the
obligations and provisions of the Agreement and such lien is hereby redeemed, paid off, satisfied
and discharged in full as it relates to the Property.
This release shall be filed of record with the Dallas County, Iowa, Recorder
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: __________________, 2018
CITY OF WAUKEE, IOWA,
An Iowa municipal corporation
By:________________________
William F. Peard, Mayor
By:________________________
Rebecca D. Schuett, City Clerk
STATE OF IOWA, COUNTY OF DALLAS:
On this ____ day of _______________ 2018, 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