HomeMy WebLinkAbout2017-07-24-Resolutions 17-360_Landing at Shadow Creek P2 Lot 68 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-360
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [685
NE WILDEN DRIVE]
INTHENAMEANDBYTHEAUTHORITYOF THE CITYOF IYAUKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,KEVIN &JESSICA KANASKIE,are the owners of Lot 68 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 Public Storm Sewer Easement,recorded in
Book 2015,Page 19767,and that certain Public Utility Easement,recorded in Book 2015,Page
19768 (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 Dalla ounty,Iowa
Recorder.
W iam P ar,Ma or
Attest;
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYK
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NAY ABSENT ABSTAIN