HomeMy WebLinkAbout2017-08-07-Resolutions 17-379_Windfield II P5 Lot 57 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-379
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [825
SE DEERFIKLD LANE]
IN THE NAMEAND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ROBERT &SUSAN THIES,are the owners of Lot 57 in Windfield II Plat 5
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Windfield Development II,LC,an Iowa limited liability company,predecessor in
title to the Property Owner,granted that certain Surface Water Flowage Easement,recorded in
Book 2005,Page 19468„andthat certain Public Utility Easement,recorded in Book 2005,Page
19469,(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 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 Dallas C ty,Iowa
Recorder.
ham F.P rd,Mayor
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