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:
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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
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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
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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 __________