HomeMy WebLinkAbout2019-07-15-Resolution 19-283_Partial Release of Development Agreement, Alices LCTHE CITY OF WAUKEE, IOWA
RESOLUTION 19-283
APPROVING PARTIAL RELEASE OF PROPERTY ENCUMBERED BY
DEVELOPMENT AGREEMENT — NE ALICE'S ROAD CONSTRUCTION
BETWEEN THE CITY OF WAUKEE AND ALICES, L.C.
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA
WHEREAS, on July 21, 2008, the City of Waukee ("City"), and Alices, L.C. (the
"Owner") entered into a Development Agreement — NE Alice's Road Construction
("Agreement") whereby the City agreed to install specific Improvements, as defined
therein, and required the Developer to post a bond to cover the costs of said
Improvements before said plat was approved, all as further described in the Agreement
recorded in the Office of the Recorder, Dallas County, Iowa as Document 11529 in Book
2008 Page 11529.
WHEREAS, the agreement was recorded on large portion of property that was described
by metes and bounds which is more particularly described in the Agreement, which has
now been platted and Developer requests that a portion of the property be released from
the agreement to allow for its sale.
For valuable consideration, receipt of which is hereby acknowledged, the undersigned
CITY OF WAUKEE, IOWA ("City"), does hereby release and discharge the real estate
legally described as:
Lot 1, in Prairie Crossing Plat 7, an Official Plat, now included in and
forming a part of the City of Waukee, Dallas County, Iowa
from all covenants, commitments and obligations of the parties related to the Agreement,
which is recorded in the Dallas County Recorder's Office as stated above, and that all
obligations created therein are hereby paid off, released satisfied and discharged.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in
session this 15d' day of July, 2019, that it hereby approves of the partial release of
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE
Anna Bergman X
R. Charles Bottenberg X
Courtney Clarke
Shelly Hughes X
Larry R. Lyon X
NAY ABSENT
N.
ABSTAIN