Loading...
HomeMy WebLinkAbout2018-10-08-D01C Dev Agr Satisfaction_Crossing at Alices Road Plat 2AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: October 8, 2018 AGENDA ITEM:Consideration of approval of resolution approving Satisfaction of Agreement to Complete – Crossing at Alice’s Road Plat 2 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: D1C 1 THE CITY OF WAUKEE, IOWA RESOLUTION 18- APPROVING SATISFACTION OF AGREEMENT TO COMPLETE PUBLIC IMPROVEMENTS – THE CROSSING AT ALICE’S ROAD PLAT 2 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 an Agreement to Complete (“Agreement”) with the City of Waukee, dated July 1, 2008 and recorded on July 10, 2008 in Book 2008 Page 9606, Dallas County, Iowa regarding public improvements associated with The Crossing at Alice’s Road Plat 2. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa that the terms of the Agreement have been fully satisfied by all parties and the City releases Alice’s L.C. and their successors and assigns, from all obligations under said Agreement to Complete. 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 SATISFACTION OF AGREEMENT TO COMPLETE PUBLIC IMPROVEMENTS – THE CROSSING AT ALICE’S ROAD PLAT 2 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 Agreement to Complete Public Improvements dated July1, 2008 and recorded July 10, 2008 in Book 2008 at Page 9606 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”): THE CROSSING AT ALICE’S ROAD PLAT 2 AN OFFICIAL PLAT, WAUKEE, 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