Item Coversheet

Council Communication

Department: Legal
Case/Project No.:
Submitted by:  
Resolution 23-49
ITEM 7.F.
Council Action: 2/13/2023
Description

Resolution  authorizing and directing the Mayor to execute the Third Amendment to Declaration of Restrictions and Grant of Easement for Lots 1-8 of the Bluffs Vision Subdivision.
Background/Discussion

The final plat of Lots 1-8 of the Bluffs Vision Subdivision was recorded on February 19, 2002 imposing certain restrictions, easements and covenants by Southwest Iowa Foundation, Inc. and CMK Development, LLC, an Iowa limited liability company (“CMK”). The original Declaration of Restrictions and Grant of Easements between the parties was recorded on October 31, 2002 and an Amendment was recorded on August 16, 2005.

 

Kinseth Hospitality is proposing to build and operate an extended stay hotel on the south side of 23rd Avenue between Home Team Café and Hooters. The Brand will be Home 2 Suites by Hilton. The development will include a strip mall. Currently the covenants covering this property prohibit
the construction of a hotel. The purpose of this Third Amendment is to eliminate that restriction. In order for this amendment to be approved property owners representing 75% of the property in
the subdivision must approve the amendment. The City owns 44% of the relevant property.

Recommendation

It is recommended that the council authorize the mayor to sign off on this third amendment.
ATTACHMENTS:
DescriptionTypeUpload Date
Third AmendmentOther2/6/2023
Resolution 23-49Resolution2/7/2023