HomeMy WebLinkAbout2021-09-07-Resolution 2021-382_Certificate of Completion-Public Improvements, Waukee Towne Center LLCTHE CITY OF WAUKEE, IOWA
RESOLUTION 2021-382
APPROVING THE CERTIFICATE OF COMPLETION FOR DEVELOPER PUBLIC
IMPROVEMENTS - WAUKEE TOWNE CENTER
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA
WHEREAS, the City of Waukee, Iowa (the "City") and Waukee Towne Center, LLC (the
"Developer") did on or about the 5th day of October, 2020, make, execute, and deliver, each to
the other, an Agreement for Private Development (the "Agreement"), wherein and whereby the
Developer agreed, in accordance with the terms of the Agreement, to develop certain real
property located within the City and as more particularly described as follows:
A PARCEL OF LAND IN PARCEL'BB' OF THE E1/2 NE1/4 OF SECTION 34, TOWNSHIP 79 NORTH, RANGE 26
WEST OF THE 5T" P.M., AN OFFICIAL PARCEL RECORDED IN BOOK 2012, PAGE 22929 AT THE DALLAS
COUNTY RECORDER'S OFFICE, CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
BEGINNING AT THE NW CORNER OF SAID PARCEL'BB', SAID NW CORNER ALSO BEING THE SW CORNER
OF WAUKEE MARKET PLACE PLAT 1, AN OFFICIAL PLAT RECORDED IN BOOK 2017, PAGE 9595 AT THE
DALLAS COUNTY RECORDER'S OFFICE; THENCE N89°37'30"E, 832.69 FEET ALONG THE NORTH LINE OF
SAID PARCEL'BB', SAID NORTH LINE ALSO COINCIDING WITH THE SOUTH LINE OF SAID WAUKEE
MARKET PLACE PLAT 1 TO A POINT OF CURVATURE; THENCE SOUTHEASTERLY ALONG A CURVE TO THE
RIGHT HAVING A RADIUS OF 77.50 FEET AND A CHORD BEARING S45°11'16"E, AN ARC LENGTH OF
122.24 FEET ALONG SAID NORTH LINE TO A POINT OF TANGENCY; THENCE S00°00'03"E, 215.99 FEET
ALONG SAID NORTH LINE TO A POINT; THENCE N89°55'17"E, 325.01 FEET ALONG SAID NORTH LINE TO
THE SE CORNER OF LOT 7 OF SAID WAUKEE MARKET PLACE PLAT 1, SAID SE CORNER ALSO BEING THE
NW CORNER OF THE WARRANTY DEED AND ATTACHED ACQUISITION PLAT RECORDED IN BOOK 2017,
PAGE 23499 AT THE DALLAS COUNTY RECORDER'S OFFICE, THENCE SOUTHERLY ALONG A NON -
TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 3437.50 FEET AND A CHORD BEARING
S01°12'23"W, AN ARC LENGTH OF 1S3.28 FEET ALONG THE WEST LINE OF SAID WARRANTY DEED TO A
POINT OF REVERSE CURVATURE; THENCE SOUTHERLY ALONG A CURVE TO THE RIGHT HAVING A RADIUS
OF 3562.50 FEET AND A CHORD BEARING S01°12'09"W, AN ARC LENGTH OF 159.33 FEET ALONG SAID
WEST LINE TO A POINT OF TANGENCY; THENCE S00°04'43"E, 443.32 FEET ALONG SAID WEST LINE TO A
POINT; THENCE N89*44'09"W, 376.67 FEET TO A POINT; THENCE N00'04'43"W, 408.62 FEET TO A POINT
OF CURVATURE; THENCE NORTHWESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 303.00
FEET AND A CHORD BEARING N45'13'37"W, AN ARC LENGTH OF 477.52 FEET TO A POINT OF
TANGENCY; THENCE S89'37'40"W, 208.53 FEET TO A POINT OF CURVATURE; THENCE NORTHWESTERLY
ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 363.00 FEET AND A CHORD BEARING
N59°50'42"W, AN ARC LENGTH OF 383.06 FEET TO A POINT OF REVERSE CURVATURE; THENCE
WESTERLY ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 25.00 FEET AND A CHORD BEARING
N61'06'47"W, AN ARC LENGTH OF 27.55 FEET TO A POINT ON THE WEST LINE OF SAID PARCEL'BB';
THENCE N00°00'05"E, 135.57 FEET ALONG SAID WEST LINE TO THE POINT OF BEGINNING AND
CONTAINING 13.41 ACRES MORE OR LESS AND SUBJECT TO EASEMENTS, AGREEMENTS AND LICENSES
OF RECORD.
(the "Development Property"); and
WHEREAS, the Agreement incorporated and contained certain covenants and restrictions
with respect to the development of the Development Property, and obligated the Developer to
construct certain Developer Public Improvements (as defined therein) in accordance with the
Agreement; and
WHEREAS, Developer has to the present date performed said covenants and conditions
insofar as they relate to the construction of said Developer Public Improvements in a manner
deemed by the City to be in conformance with the Agreement to permit the execution and
recording of this certification.
NOW, THEREFORE, this is to certify that all covenants and conditions of the
Agreement with respect to the obligations of Developer and its successors and assigns, to
construct the Developer Public Improvements on the Development Property have been
completed and performed by Developer and are hereby released absolutely and forever
terminated insofar as they apply to the land described herein. The County Recorder of Dallas
County is hereby authorized to accept for recording and to record the filing of this instrument, to
be a conclusive determination of the satisfactory termination of the covenants and conditions of
said Agreement with respect to the construction of the Developer Public Improvements set forth
in the Agreement.
All other provisions of the Agreement shall otherwise remain in full force and effect until
termination as provided therein.
Passed by the City Council of the City of Waukee, Iowa, and
September, 2021.
19
Attest:
/om 0
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE NAY ABSENT
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X
this the 7t' day of
Mayor Pro Tern
ABSTAIN