HomeMy WebLinkAbout2022-03-07 Resolution 2022-090_Corrective Partial Release and Satisfaction of Development Agreement, Tallgrass LnTHE CITY OF WAUKEE, IOWA
RESOLUTION 2022-090
APPROVING A CORRECTIVE PARTIAL RELEASE AND SATISFACTION FOR
DEVELOPMENT AGREEMENT — ARAC, LLC AND CHARLES SANFORD
SWALLOW AND TERRY IRENE SWALLOW TRUST
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, 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.
WHEREAS, a Partial Release was executed by the City of Waukee on November 1, 2021 and
recorded in Book 2021 and page 34691 on November 29, 2021 in the Office of the Dallas
County Recorder which contained a scrivener's error creating some confusion.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa
that the City 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 50' 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 671 with the Dallas County Recorder's
Office.
Passed by the City Council of the City of Waukee, Iowa, and approved this the 7th day of March
2022.
Attest:lz� /n
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Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman Pierce
X
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
Ben Sinclair
X
Co ney Clarke, Mayor
NAY ABSENT ABSTAIN