HomeMy WebLinkAbout2021-11-01-J01E_06 Partial Release_Tallgrass Improvements AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: November 1, 2021
AGENDA ITEM: Consideration of approval of a Resolution approving Partial Release of
Development Agreement pertaining to the northwest corner of Grand
Prairie Parkway and SE Tallgrass Lane (Tallgrass Improvements
Agreement).
FORMAT: Public Hearing
SYNOPSIS INCLUDING PRO & CON: ARAC, Inc. entered into an agreement with the City
in 2017 regarding an incentive to complete improvements to Tallgrass
Lane located west of Grand Prairie Parkway as a part of The Shops at
Kettlestone North Plat 1 final plat. The agreement stipulated that the
City would provide the developer an incentive for completion of certain
public improvements associated with the construction of Tallgrass Lane
that are attributable to the City.
The existing Development Agreement has been identified as a part of a
title opinion for the sale of some of the property located north of
Tallgrass Lane and west of Grand Prairie Parkway. The original
developer has completed the improvements as referenced within the
original agreement and the City has accepted the improvements. The
current owner of the adjoining property has requested a partial
satisfaction of the agreement as it pertains to the property that is
proposed to be sold.
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, Assistant City Administrator
REVIEWED BY:
J1E6
THE CITY OF WAUKEE, IOWA
RESOLUTION 2021-
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 671, Dallas County, Iowa regarding development of Tallgrass Lane.
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 Government Lot 15 Except Parcel “CC” as shown in survey in Book 2013, Page
20096, and Except land deeded to the City of Waukee in Book 2013, Page 10381, Book 2013,
10382, Book 2013, Page 10383 and Book 2013, Book 10385, Book 2017, Page 677, and Book
2017, Page 679, all in Section 4, Township 78 North, Range 26 West of the 5th P.M., City of
Waukee, Dallas County, Iowa
Passed by the City Council of the City of Waukee, Iowa, and approved this the 1st day of
November 2021.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
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: Government Lot 15 Except Parcel “CC” as shown in survey in Book 2013, Page 20096, and
Except land deeded to the City of Waukee in Book 2013, Page 10381, Book 2013, 10382,
Book 2013, Page 10383 and Book 2013, Book 10385, Book 2017, Page 677, and Book
2017, Page 679, all in Section 4, Township 78 North, Range 26 West of the 5th P.M., 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 671 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 Government Lot 15 Except Parcel “CC” as shown in
survey in Book 2013, Page 20096, and Except land deeded to the City of Waukee in Book 2013,
Page 10381, Book 2013, 10382, Book 2013, Page 10383 and Book 2013, Book 10385, Book 2017,
Page 677, and Book 2017, Page 679, all in Section 4, Township 78 North, Range 26 West of the 5th
P.M., City of Waukee, Dallas County, Iowa, 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: ____________________________, 2021
2
THE CITY OF WAUKEE, IOWA
By: ____________________________
Courtney Clarke, Mayor
ATTEST:
By: ____________________________
Rebecca D. Schuett, City Clerk
3
STATE OF IOWA )
) SS.
COUNTY OF DALLAS )
On this _____ day of __________________, 2021 before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke 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 Courtney Clarke 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 __________