HomeMy WebLinkAbout2020-02-04-Resolution 2020-054_Fence Construction Agreement, Clayton Estates Plat 2 Lot 38THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-054
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[925 9TH STREET]
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, KYLE A. GEIGER AND CONNIE MCCLEARY-GEIGER, is the owner of Lot
38 Clayton Estates Plat 2 ("Property Owners"); AND,
WHEREAS, the Property Owners are desirous of installing a fence on the property; AND,
WHEREAS, RMCA, L.L.C., an Iowa limited liability company, predecessor in title to the
Property Owners, granted that certain Overland Flowage Easement, dated August 9, 2018,
recorded on August 27, 2018, in Book 2018, Page 16315 (the "Easement")AND,
WHEREAS, the fence is intended to be erected within a portion of the Easement; AND,
WHEREAS, the Easement prohibits the Property Owners from locating any fence or other
structure within the Easement area without the written consent of the City of Waukee; AND,
WHEREAS, the City of Waukee is agreeable to the construction of a fence within a portion of
the Easement area pursuant to the terms of the Agreement Concerning Construction of Fence.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa on
this 4"' day of February, 2020 that the Agreement Concerning Construction of Fence in
connection with the Property is hereby approved and accepted by the City of Waukee, and the
City Clerk is hereby authorized to file such first amendment to easement with the Dallas County,
Iowa Recorder.
Attest: �A A /A
L7/l�l�� v' a
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE:
AYE
Anna Bergman
R. Charles Bottenberg
X
Chris Crone
X
Larry R. Lyon
X
VACANT SEAT
Court ey larke, Mayor
NAY ABSENT ABSTAIN
X