The URL can be used to link to this page

Home My WebLink About2007-11-19-Resolutions 07-253_Glynn Village - Development Agr - Release LienTHE CITY OF WAUKEE,IOWA RESOLUTION 07-253 RESOLUTION AUTHORIZING THE EXECUTION OF A RELEASE OF LIEN CONCERNING THE LIEN CREATED BY VIRTUE OF A DEVELOPMENT AGREEMENT EXECUTED BETWEEN THE CITY OF WAUKEE AND HUBBELL REALTY COMPANY FOR THE DEVELOPMENT KNOWN AS GLYNN VILLAGE IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City entered into a Development Agreement with Hubbell Realty Company conceming property which was the subject of development,the development known as Glynn Village;and WHEREAS,pursuant to the terms of the Development Agreement,certain payments were contemplated pertaining to sanitary sewer;and WHEREAS,the payments contemplated under the agreement were paid;and WHEREAS,it is not the intent of the City to release Hubbell Realty Company from the obligations contained in the Development Agreement but instead to release the lien and encumbrance created by virtue of the Development Agreement's recordation with the Dallas ] County Recorder,and such release is attached hereto and incorporated herein by this reference; NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa that the release of lien attached hereto and incorporated herein is hereby approved and the Mayor is authorized to execute the same on behalf of the City. Passed and approved this 19th day of November,2007. Attest: ROLL CALL VOTE AYE NAY ABSENT .IDonaldL.Bailey,Jr.X Isaiah McGee X Jeff Mertz X Darlene Stanton X Mike Watts X Return to:Rebecca Schuett,Deputy City Clerk,City of Waukee,230 W.Hickman Rei,Waukee,Iowa 50263 Prepared by:Steven P.Brick,6701 Westown Parkway,Stc 100,West Des-Moines,IA 50266 (515)274-1450 RELEASE OF LillN COMES NOW the City of Waukee,Iowa and pursuant to Resolution No.07-253 passed by the City Council on the 19th day of November,2007 releases the lien created by virtue of the Development Agreement dated August 2,2004 between the City of Waukee,Iowa and Hubbell Realty Company,an Iowa corporation,recorded at Book 2004,Page 15861 on October 8,2004 in the Dallas County,Iowa,Recorder's Office.This release pertains to the property legally ,described on Exhibit A attached hereto and incorporated herein by this reference. This release does not release Hubbell Realty Company from any and all obligations that may exist in the Development Agreement but does release any lien or encumbrance created on ,the property described above. STATE OF row A;DALLAS COUNTY,ss: On this l.lil day of November,2007before'me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared William F.I'eard to me personally known,and who,being by me duly sworn,did say that he is the Mayor of the City of Waukee,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the City,and that the instrument was signed and sealed on behalf of the City,by authority of its City Council,as contained in the Resolution No.07-253 adopted by the City Council on the 19'h day of November,2007,and that William F;Peard acknowledges the execution of the instrument to be his voluntary act and deed and the voluntary act 311ddeedof the City,by it and by him voluntarily executed . •''.REBECCA D.SCHUE6""q..~.l'~Commission Number 716496~A':My Commission Expires fDW1'o -f ,~2.'J "13,2CGJ ". Notary Pu121icin and for the State ofIowa " ,........ EXHIBIT A ) Legal Description of the Property to be Acquired by Hubbell The real estate situated in Dallas County,Iowa,that is part of Section 5"Township 78 North, Range 26 West of the 5th•P.M.,Dallas County,Iowa,in Boone Township,more particularly described as follows: Parcc1.J.:Government Lot 2 and the South Half of Government Lot 3,Section 5, Township 78 North,Range 26 West of the 5th•P.M.,Dallas County,Iowa,except those portions of Government Lot 2 that are contained in the following descriptions: Except a part of Government Lot 2,Section 5,Township 78 North,Range 26 West of the 5th,P.M"Dallas County,Iowa,described as follows:Beginning at the Southeast Comer of Section 33,Township 79 North,Range 26 West of the 5th P.M"Dallas County,Iowa; thence South 89°43'16"West along the North line of said Government Lot 2,958.08 feet to a point;thence South 000 14'04"East 533,0 feet to a point;thence North 89°43' 16"East,957.28 feet to a point;thence North 00°08'54"West,533.00 feet to the Point of Beginning;and Except a part of Government Lot 2,Section 5,Township 78 North,Range 26 West of the 5th,P.M"Dallas County,Iowa,described as follows:Beginning at the Southeast Corner .of Section 33,Township 79 North,Range 26 West of the 51h P.M.,Dallas County,Iowa; thence North 89°42'26"East along the North line of said Government Lot 2,355.36 feet to the Northeast corner of said Government Lot 2;thence South 00°10'07'.'East along the East line of said Government Lot 2,533.00 feet to a point;thence South 89°42'26" West,355.55 feet to a point;thence North 00°08'54"West,533.00 feet to the Point of Beginning,containing 4.35 acres,more or less,including approximately 0.27 acres of road right-of-way;and . ] Except a rectangular shl)ped portion of Government Lot 2,Section 5,township 78 North, Range 26 West of the 5 '.P.M.,Dallas County,Iowa,lying South of and adjacent to the St.Boniface Church Property and more accurately described as follows: Commencing at the Southeast Corner of Section 33,Township 79 North,Range 26 West of the 51h P.M"Dallas County,Iowa,also known as the Northeast Corner of the St.Boniface Church Property;thence South 00°08'54"East along the East line of saiel St.Boniface Church Property,a distance of 533.00 feet to the Southeast corner of said St.Boniface Church Property;thence South 89°43'16" West along the South line of said St.Boniface Church Property,a distance of 215.00 feet to the Point of Beginning;thence continuing South 89°43'16"West along the South line of said St.Boniface Church Property,a distance of 490.00 feet;thence South 00°16'44"East,a distance of 125.00 feet;thence North 89° 43'16"East along a line parallel with and 125.00 feet South of the South line of said St.Boniface Church Property,a distance of490,00 feet;thence North 00°16'I 6 44"W,a distance of 125.00 feet to the Point of Beginning,containing 1.41 acres, more 01'less. Parcel 2:All of Lots 6,7,10 and 11 in Section 5,Township 78 North,Range 26 West of the 5th,P.M.,Dallas County,Iowa.. Parcel 3:.Government Lot 1,Section 5,Township 78 North,Range 26 West of the 5th•P.M.,Dallas County,Iowa,except those portions of Government Lot 1 that are contained in the following descriptions: Except the East 419.0 feet of the South 507,0 feet of said Government Lot 1,as measured parallel to the South line thereof;and Except the portion of a parcel 533.0 feet wide in the north-south direction and 370.0 feet wide in the east-west direction that lies immediately West of Parcel A of Government Lot 2,Section 5,Township 78 North,Range 26 West of the 5th P,M.,Dallas County,Iowa, and that lies partly in said Government Lot 2 and partly in the Northwest comer of said Government Lot 1;and Except the North 840.92 feet of the East 773 feet of said Government Lot 1,as measured on the East and North lines thereof. Parcel4:The North one-half of Government Lot 3,Section 5,Township 78 North, Range 26 West of the 5th•P.M.,Dallas County,Iowa,except Parcel A thereof; which Parcell contains 73.58 acres,more or less,which Parcel 2 contains 156.25 acres,more or less,which Parcel 3 contains 30.39 acres,more or less,and which Parcel 4 contains 30.00 acres, more or less,for a total area of 290.22 acres,more or less,which property isoutlined in red on the attached Exhibit "A_I"(the exact acreage of which and legal description shall be determined by survey),and by this reference made a part hereof,together with all easements and servient estates appurtenant thereto and subject to all easements,covenants and restrictions of record as of the date of this Agreement (all of which Parcell,Parcel 2,Parcel 3 and Parcel 4 are collectively the "Property"). 7 ExhIbit "A'"1/ I~'/J IN tilt .'-:, ..J..., Paroel4 .<If."••twlft~f!,.4 -u.u ~.",~t~M.~ ».»~....~-~llI.'r:w~'~"t!r..r.~'-" a;l.4 e.i,a G,L,a G ••I ;rt,ttr.:ttf(./fT I 'It .", tt~{4 ".~ j...Pare.'Pare.f3 1,16 ..", ! .,,, ,,,."." ».O.l.6 G.L.6 s.t;7 G.l.e ."".", .", n,l~ .,.».,.» flO I! Par 0 1'4M --".',1 .", G,l.10 G.L:'~9· 'E''\O{I/JIMaOQIr G.L.1I ."",--T..J'..I-- Iq.~1 "" ... n,n •.»1.\.'J<,.,,,1 ""H~tit MOIo7J\J,U .1 I ~ ,1 G,L.16 1 G.L.re .,,,•••I I r f i ,Wl II(0.·'.I I II.I I IL------~---------· ,I ,I I IIII~~I ,I I I. ~I I ~~=-,b~\~="''EE,,*'":,:.-"I .",•.n • .sl'j~.tt " I