HomeMy WebLinkAbout2017-02-06-Resolutions 17-082_Belfry Estates Lot 16 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-082
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2805
SE BELFRY DRIVE]
IN THENAMEANDBY THEAUTHORITYOF THE CITYOF 8'AUKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,RONALD JOHN CELSI Rr.AMY CHRISTINE CELSI,are the owners of Lot 16
in Belfry Estates ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Mark Anderson Development,LLC,an Iowa limited liability company,
predecessor in title to the Property Owner,granted that certain Surface Water Flowage
Easement,recorded in Book 2000,Page 668,(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 6"day of February 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 easeme ith the Dallas County,
Iowa Recorder.
Willi F.Peard,May r
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