HomeMy WebLinkAbout2017-07-24-Resolutions 17-351_Landing at Shadow Creek P2 Lot 21 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-351
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [520
NE DELLWOOD COURTj
INTHENAMEANDBYTHEAUTHORITYOF THE CITYOF IYAUKEE,IO8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,RANDALL M.k PATRICIA L.PETERSEN,are the owners of Lot 21 in The
Landing at Shadow Creek Plat 2 ("Property Owner");AND,
WHEREAS,the Property Owner is desirous of installing a fence on the property;AND,
WHEREAS,Landing at Shadow Creek,LLC,an Iowa limited liability corporation,predecessor
in title to the Property Owner,granted that certain Overland Flowage Easement,recorded in
Book 2015,Page 19766,(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 BK 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,a d the City Clerk is
hereby authorized to file such first amendment to easement with the Dallas o nty,wa
Recorder.
iam F.ear,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