HomeMy WebLinkAbout2017-07-24-Resolutions 17-348_Fox Creek Estates P6 Lot 49 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-348
APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE [660
NE BADGER LANK]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF fFA UIfEE,IO@'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,KODY K.BIGELOW &ABBY SMOTHERS,are the owners of Lot 49 in
Corrected Fox Creek Estates Plat 6 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Fox Creek Waukee,LLC,an Iowa limited liability corporation,predecessor in title
to the Property Owner,granted that certain Storm Sewer &Overland Flowage Easement,
recorded in Book 2015,Page 18898,and that certain Public Utility Easement,recorded in Book
2015,Page 18893,(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 24 'day of July,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 Dali s Co ty,Iowa
Recorder.
Wil m .card,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