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HomeMy WebLinkAbout2017-04-03-J01Q Partial Release - ARAC - Westown Improvements AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: April 3, 2017 AGENDA ITEM: Consideration of approval of a Resolution approving Partial Release of Development Agreement pertaining to The Shops at Kettlestone North Plat 1 (Westown Parkway Improvements Agreement). FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: ARAC, Inc. entered into an agreement with the City earlier this year regarding obligations associated with the construction of SE Westown Parkway improvements located west of Grand Prairie Parkway as a part of The Shops at Kettlestone North Plat 1 final plat. The existing Development Agreement has been identified as a part of a title opinion for the sale of some of the property within the Shops at Kettlestone North Plat 1 which are not related to the terms of the agreement. ARAC has requested a partial satisfaction of the agreement as it pertains to the parcels they are now trying to sell off. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: The City Attorney has prepared the partial release related to the parcels in question. RECOMMENDATION: Staff would recommend approval of the release. ATTACHMENTS: I. Proposed Resolution II. Partial Release III. Original Development Agreement PREPARED BY: Brad Deets, Development Services Director REVIEWED BY: 1 THE CITY OF WAUKEE, IOWA RESOLUTION 17- APPROVING A PARTIAL RELEASE AND SATISFACTION FOR DEVELOPMENT AGREEMENT – ARAC, LLC AND CHARLES SANFORD SWALLOW AND TERRY IRENE SWALLOW TRUST 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, ARAC LLC, and Charles Sanford Swallow and Terry Irene Swallow Trust dated 10-22-98, (collectively “Property Owners”) entered into a Development Agreement (“Agreement”) with the City of Waukee, dated January 6, 2017 and recorded on January 11, 2017 in Book 2017 Page 672, Dallas County, Iowa regarding development of Westown Parkway. 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 and the City releases the Property Owners and their successors and assigns, from all obligations under said Developers Agreement as it pertains to Lots 1-10, Outlot U and Outlot W of The Shops at Kettlestone North Plat 1. Passed by the City Council of the City of Waukee, Iowa, and approved this the 3rd day of April 2017. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Anna Bergman R. Charles Bottenberg Brian Harrison Shelly Hughes Larry R. Lyon 1 Return to: Rebecca Schuett, City Clerk, City of Waukee, 230 W. Hickman Road, Waukee, IA 50263 Prepared by: Steven P. Brick, Brick Gentry P.C., 6701 Westown Pkwy, Ste #100, West Des Moines, Iowa 50266 (515) 274-1450 PARTIAL RELEASE RE: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, Outlot U and Outlot W of 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 A Development Agreement with the City of Waukee, Iowa was recorded on January 11, 2017 in Book 2017 at Page 672 with the Dallas County Recorder’s Office, which contains certain provisions obligating the property owner to make certain improvements on the property legally described within said Development Agreement. The City of Waukee hereby releases Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, Outlot U and Outlot W of The Shops at Kettlestone North Plat 1, from the obligations provided in the Development Agreement recorded on January 11, 2017 in Book 2017 at Page 672 with the Dallas County Recorder’s Office. All other provisions of the Development Agreement recorded on January 11, 2017 in Book 2017 at Page 672 with the Dallas County Recorder’s Office shall remain in full force and effect. Dated: ____________________________, 2017 THE CITY OF WAUKEE, IOWA By: ____________________________ William F. Peard, Mayor ATTEST: By: ____________________________ Rebecca D. Schuett, City Clerk 2 STATE OF IOWA ) ) SS. COUNTY OF DALLAS ) On this _____ day of __________________, 2017 before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared William F. Peard and Rebecca D. Schuett, to me personally known, and who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the foregoing instrument is the official seal of said City, and that the instrument was signed and sealed on behalf of the City, by authority of its City Council, and that William F. Peard and Rebecca D. Schuett acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the City, by it and them voluntarily executed. ________________________________ Notary Public in and for the State of Iowa My Commission expires __________