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Home My WebLink About2016-06-06-J01O Amended Declaration - Prairie Crossing MEE AGEN FORM SYNO FISC COM STAF RECO ATTA PREP REVI ETING DATE NDA ITEM: MAT: OPSIS INCL CAL IMPACT MMISSION/B FF REVIEW OMMENDA ACHMENTS PARED BY: IEWED BY: CITY COU E: June 6, : Consid Amend Comme Resolut LUDING PRO Crossin Westga had rec obligat commo propert Knapp parcel o propert Knapp the Com remaini the doc Wauke T INCLUDIN BOARD/COM W AND COM from th and agr ATION: App S: I. II. Brad D : CITY OF W UNCIL MEE 2016 deration of app ded and Resta ercial Owners tion O & CON: A ng Plat 3 loca ate Drive and corded a Decl ions of a Com on elements an ty. Properties is of ground tha ty being sold Properties ha mmercial Ow ing owners pr cument could e. NG COST/B MMITTEE C MMENT: Sta he association rees with staf prove the reso Proposed Re First Amend Deets, Develop WAUKEE, ETING CO proval of a re ated Declarati s Association As a part of th ated at the nor Hickman Ro aration of Co mmercial Own nticipated as in the proces at is included sits directly w as proposed to wners Associat roportionately not be amend BENEFIT AN COMMENT aff has no issu n. The City A ff’s recommen olution. esolution dment to Ame pment Service AGE IOWA OMMUNICA esolution appr on of Covena n he final platti rtheast corner oad, the devel ovenants relat ners Associat a part of the d ss of selling an within the As west of their c o remove the ation and readj y. The origin ded without th NALYSIS: T: ues with the p Attorney has a ndation. ended Covena es Director ENDA ITEM: ATION roving First A ants for Prairi ing process fo r of the interse oper, Knapp ted to the crea tion to mainta development n approximat ssociation to H current proper property bein djust the oblig nal Declaratio he consent of property bein also reviewed ants Amendment to ie Crossing or Prairie ection of Properties, ation and ain certain of the tely 3 acre HyVee. The rty. ng sold from gations of the on stated that f the City of ng removed the documen o nt THE CITY OF WAUKEE, IOWA RESOLUTION 16- APPROVING FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF COVENANTS FOR PRAIRIE CROSSING COMMERCIAL OWNERS ASSOCIATION 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, Alices L.C. caused to be filed an Amended and Restated Declaration of Covenants (“Declaration”) that was recorded in the office of the Dallas County Recorder on April 14, 2014 in Book 2014 Page 4110; AND, WHEREAS, the Declaration included a provision which stipulated that any amendments to the Declaration shall be approved by the City of Waukee prior to filing said amendment with the Dallas County Recorder, AND, WHEREAS, Alices L.C. is requesting approval of a First Amendment to the Amended and Restated Declaration of Covenants to remove a portion of property that was included within the original Declaration. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 6th day of June 2016, that it hereby approves the First Amendment to Amended and Restated Declaration of Covenants for Prairie Crossing Commercial Owners Association. ____________________________ William F. Peard, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Brian Harrison Shelly Hughes Larry R Lyon Rick Peterson VACANT SEAT Prepared by: Stuart Ruddy, Knapp Properties, Inc., 5000 Westown Parkway, Suite 400, West Des Moines, IA 50266 (515)223-4000 Return to: Stuart Ruddy, Knapp Properties, Inc., 5000 Westown Parkway Ste. 400, West Des Moines, IA 50266 FIRST AMENDMENT TO AMENDED AND RESTATED DECLARATION OF COVENANTS FOR PRAIRIE CROSSING COMMERCIAL OWNERS ASSOCIATION THIS First Amendment to the Amended and Restated Declaration of Covenants for Prairie Crossing Commercial Owners Association (“First Amendment”) is made effective on the date this First Amendment is recorded in the office of the Dallas County Recorder. RECITALS: WHEREAS, Developer caused to be filed an Amended and Restated Declaration of Covenants (the “Declaration”), that was recorded in the office of the Dallas County Recorder on April 14, 2014 in Book 2014 Page 4110, and which Declaration affects the real property legally described as follows: See Exhibit A attached hereto and incorporated herein by reference. WHEREAS, Section 9.01 of the Declaration gives the Developer the right to subdivide and replat any portion of the Commercial Lots so long as Developer has an ownership interest such Commercial Lots; and WHEREAS, Developer is currently the sole owner of Outlot “Y” of Prairie Crossing Plat 3, an Official Plat now included and forming a part of the City of Waukee, Dallas County, Iowa, as recorded in the Office of the Recorder of Dallas County Iowa, in Book 2014 Page 10238 (“Outlot Y”); and WHEREAS, Developer desires to replat Outlot Y in order to sell 3.110 acres to an adjacent commercial property owner, which owner is not currently an Owner in the Association and does not desire to be an Owner in the Association; and 2 WHEREAS, Developer desires to remove that certain 3.110 acres from the protective conditions, restrictions, reservations and easements set forth in the Declaration; and WHEREAS, such removal of the 3.110 acres from the protective conditions, restrictions, reservations and easements set forth in the Declaration requires th e approval of all of the Owners of the Prairie Crossing Commercial Owners Association (“Association”); and WHEREAS, the Owners of the Association hereby agree to the removal of the 3.110 acres from the protective conditions, restrictions, reservations and easements set forth in the Declaration pursuant to the terms and conditions as set forth below. NOW, therefore, in consideration of the foregoing, the Declaration is amended as follows: NOW, THEREFORE, Declarant, hereby amends the Declaration as follows: 1. Section 1.03 (b) is hereby deleted in its entirety and the following is inserted in lieu thereof: “(b) Outlot “Y” of Prairie Crossing Plat 3, an Official Plat, recorded in Book 2014, Page 10238, at Dallas County Recorder’s Office, City of Waukee, Dallas County, Iowa, except for that certain Parcel 17-71 of Outlot “Y”, Prairie Crossing Plat 3, an Official Plat, recorded in Book ______, Page ______ at Dallas County Recorder’s Office, City of Waukee, Dallas County, Iowa;” 2. Section 7.03 is hereby deleted in its entirety and the following is inserted in lieu thereof: “7.03 Rate of Assessment. The assessments levied upon and against the Commercial Lots and the Owners thereof, shall be as follows: Lot 1, Prairie Crossing Plat 1 29.26% Outlot “Y” of Prairie Crossing Plat 3, except Parcel 17-71 57.82% Lot 56 of Prairie Crossing Plat 4 7.64% Lot 1 of The Crossing at Alice’s Road Plat 2 1.88% Lot 31 Prairie Crossing Plat 5 3.39%” 3. Except as expressly modified by this First Amendment, all other the terms and conditions of the Declaration shall remain in full force and effect. [Signatures on Following Pages] 3 Dated this _____ day of May, 2016. ALICES, L.C., an Iowa limited liability company By: WEST LAKES PROPERTIES, L.C. an Iowa limited liability company Member By: William C. Knapp, L.C. an Iowa limited liability company Member By: ___________________________ Gerard D. Neugent, Manager By: Farm Bureau Life Insurance Company an Iowa corporation Member By: __________________________ Roger P. J. Soener Investment Vice President – Real Estate ACKNOWLEDGMENTS STATE OF IOWA ) )ss: COUNTY OF POLK ) The foregoing record was acknowledged before me on this _____ day of May, 2016, by Gerard D. Neugent, Manager of William C. Knapp, L.C., as Member of West Lakes Properties, L.C., as Member of Alices, L.C. ________________________________ Notary Public STATE OF IOWA ) )ss: COUNTY OF POLK ) The foregoing record was acknowledged before me on this _____ day of May, 2016, by Roger P.J. Soener, the Investment Vice President – Real Estate of Farm Bureau Life Insurance Company, as Member of West Lakes Properties, L.C., as Member of Alices, L.C. ________________________________ Notary Public 4 Dated this _____ day of May, 2016. CONTINENTAL 296 FUND LLC, a Wisconsin limited liability company By: Continental Properties Company, Inc., its manager By: _____________________________ Daniel J. Minahan President STATE OF ____________ ) )ss: COUNTY OF ___________ ) The foregoing record was acknowledged before me on this _____ day of May, 2016, by _______________________, the __________________________________________ of Continental Properties Company, Inc., as Manager of Continental 296 Fund, LLC. ________________________________ Notary Public 5 Dated this _____ day of May, 2016. WEST BANCORPORATION INC., By: _____________________________ Name: Douglas R. Gulling Its: Chief Financial Officer By: _____________________________ Name: Alice Jensen Its: Vice President/Secretary STATE OF ____________ ) )ss: COUNTY OF ___________ ) The foregoing record was acknowledged before me on this _____ day of May, 2016, by Douglas R. Gulling and Alice Jensen, the Chief Financial Officer and Vice President/Secretary, respectively of West Bancorporation Inc. ________________________________ Notary Public 6 Dated this _____ day of May, 2016. CITY OF WAUKEE ATTEST: ____________________________ _________________________ William F. Peard, Mayor Rebecca D. Schuett, City Clerk STATE OF IOWA ) ) SS COUNTY OF DALLAS ) On this _____ day of __________________, 20____, before me, the undersigned, a Notary Public in and for said County and the State of Iowa, personally appeared William F. Peard and Rebecca D. Schuett, to me personally known, who being by me duly sworn, did say that 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. ______________________________ Notary Public in and for the State of Iowa 7 EXHIBIT A Legal Description of the Property Lot 1 in Prairie Crossing Plat 1, an Official Plat now included in and forming a part of the City of Waukee, Dallas County, Iowa, as recorded in the Office of the Recorder of Dallas County, Iowa in Book 2013 Page 20150. Outlot “Y” of Prairie Crossing Plat 3, an Official Plat now included and forming a part of the City of Waukee, Dallas County, Iowa, as recorded in the Office of the Recorder of Dallas County Iowa, in Book 2014 Page 10238. Lot 56 in Prairie Crossing Plat 4, an Official Plat now included in and forming a part of the City of Waukee, Dallas County, Iowa, as recorded in the Office of the Recorder, of Dallas County, Iowa in Book 2013 Page 21331. Lot 1 in The Crossing at Alices Road Plat 2, an Official Plat now included in and forming a part of the City of Waukee, Dallas County, Iowa as recorded in the Office of the Recorder of Dallas County, Iowa in Book 2008 Page 9605. Lot 31 Prairie Crossing Plat 5, an Official Plat now included in and forming a part of the City of Waukee, Dallas County, Iowa, as recorded in the Office of the Recorder of Dallas County, Iowa in Book 2014 Page 10246.