HomeMy WebLinkAbout2017-04-17-Resolutions 17-202_Daybreak P1 Lot 13 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-202
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [610
DAYBREAK DRIVE)
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A UKEE,IO I@A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ELEMENT 119,LLC,is the owner of Lot 13 in Daybreak Plat 1 ("Property
Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Hawkeye Homes of Iowa,LLC,an Iowa limited liability corporation,predecessor
in title to the Property Owner,granted that certain Overland Flowage Easement Easement,
recorded in Book 2015,Page 13013,and that certain Public Storm Sewer Easement,recorded in
Book 2015,Page 13015 (collectively 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 April,2017 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 Cou,Iowa
Recorder.
Wil iam F.Pea,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
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NAY ABSENT ABSTAIN