HomeMy WebLinkAbout2016-10-17-Resolutions 16-453_Bluestem P1 Lot 10 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-453
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [400
SE TALLGRASS LANK]
IN THENAMEANDBYTHEAUTHORITYOF THE CITYOF WAUICEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,KEYSTONE HOMES,LLC,are the owners of Lot 10 in Bluestem Plat 1
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Diligent BSP Holdings,LLC,an Iowa limited liability company,predecessor in
title to the Property Owner,granted that certain Public Overland Flowage Easement,recorded in
Book 2014,Page 14576,(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 17"day of October,2016 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 ease nt with the Dallas County,
iowa Recorder.
li .Peard,ayor
Attest
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYK
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NAY ABSENT ABSTAIN