HomeMy WebLinkAbout2016-12-19-Resolutions 16-535_Legacy Pointe at Waukee P1 Lot 6 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-535
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [120
SE GOLDEN HARVEST DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A UKEE,IO8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,CAJM INVESTMENTS,LLC,is the owner of Lot 6 in Legacy Pointe at Waukee
Plat 1 ("Propetty Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Ewing Land Development &Services,LLC,an Iowa limited liability company,
predecessors in title to the Property Owner,granted that certain Gas &Water Main Easement,
recorded in Book 2004,Page 12g1,(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 19'"day of December,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 easement with the Dallas County,
Iowa Recorder.
liam F Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
X
NAY ABSENT ABSTAIN