HomeMy WebLinkAbout2016-12-19-J01H Termination of Restrictive Covenant AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: December 19, 2016
AGENDA ITEM: Consideration Agreement for the Termination of the Restrictive Covenant on
property owned by the City of Waukee
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The City of Waukee purchased 200 acres of property from
the Copeland family in 2004 for $7,000 per acre. The intent of the City was to
develop the property for a recreation complex. The agreement has a strict
requirement that the property can only be used for recreation purposes.
As Waukee continues to change, the restriction on the use of the parcel limits
the City in the future. The addition of soccer fields at Timberline Middle
School and the planned softball and baseball fields at the proposed sports
complex reduces the need for a recreation complex on the Copeland
Recreation parcel in the foreseeable future. The City is beginning the process
of creating a comprehensive plan for the area west of Waukee and will be
considering the long term needs for city facilities and potential uses for the
land. It is in the City’s interest that the restriction on the uses of the property
be eliminated.
The value of the property has risen since its purchase. After discussions with
the Copeland family, there was an understanding that an equitable way of
compensating them for the elimination of the restriction is to share equally in
the amount of the increased value of the property. It was agreed to share in a
$3,000 per acre increase in the value for the 200 acres. The benefit to the City
will be that it has no restrictions on the future use of the property which
increases the City’s options as Waukee continues to evolve.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: $3,000 per acre
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: City staff recommends approval of the Agreement for the
Termination of Restrictive Covenant.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. Proposed Resolution
II. Agreement for the Termination of the Restrictive Covenant
PREPARED BY: Tim Moerman
REVIEWED BY:
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING AN AGREEMENT TO TERMINATE RESTRICTIVE COVENANT ON
PROPERTY OWNED BY THE CITY OF WAUKEE
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee purchased property consisting of approximately 200 Acres
located west of the existing City limits and legally described as:
The Northwest Quarter of the Southeast Quarter (NW ¼ SE ¼) and the Southwest
Quarter (SW ¼) of Section 36 Township 79 North, Range 27 West of the 5th P.M., Dallas
County, Iowa, together with all of the land south of the Southwest Quarter of said Section
36 lying adjacent to and north of 300th Street (hereinafter the “Property”).; AND,
WHEREAS, in approximately 2008, when the purchase was completed, it was contemplated
that the City would use the property for a recreation and sports complex and restrictive covenants
were placed on the property by the previous owners restricting the use to public recreation,
naming among other restrictions more particularly set forth in the restrictive covenants recorded
on the property; AND
WHEREAS, since the purchase, the City has experienced explosive growth and additional
recreational facilities are being developed for the benefit of the public including but not limited
to the soccer fields at the Timberline Middle School as well as the softball and baseball fields at
the proposed sports complex being planned north of Highway 6 within the existing city limits
has reduced the likelihood that the property will be developed on the Copeland parcel in the
foreseeable future; AND
WHEREAS, the City is beginning the process of updating its comprehensive plan, including the
area west of Waukee, and will be considering the long term needs for city facilities and potential
uses for the land. The existence of a restrictive covenant no longer is desirable and it is in the
City’s interest that the restriction on the uses of the property be eliminated to allow the City
complete flexibility relative to this asset; AND
WHEREAS, The City Council of the City of Waukee finds that the existence of the Restrictive
Covenant no longer benefits the citizens of the City of Waukee and that the same should be
terminated; AND
WHEREAS, after discussions with the Copeland family, an agreement was reached that allows
for the termination of the restrictive covenant and that is in the best interest of the City that it be
approved.
2
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council that the
Agreement for the Termination of Restrictive Covenant should be and the same is hereby
approved.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 19th day of
December, 2016.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson