HomeMy WebLinkAbout2017-08-07-Resolutions 17-381_Hawthorne Ridge P2 Lot 22 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-381
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [840
SE MAPLKLEAF LANE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A UKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,GREG A.&LESLIE L.MURPHY,are the owners of Lot 22 in Hawthorne Ridge
Plat 2 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,I &K Partners,predecessor in title to the Property Owner,granted that certain
Surface Water Flowage Easement,recorded in Book 1998,Page 5143,(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 7'"day of August,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 Dal s County,Iowa
Recorder.
illiam .Peard,May r
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN