HomeMy WebLinkAbout2017-06-05-Resolutions 17-278_Fox Creek Estates P5 Lot 52 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-278
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [270
NK PRAIRIE WOLF DRIVE[
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,SCOTT 8c MARIA SIEBRECHT,are the owners of Lot 52 in Fox Creek Estates
Plat 5 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Perfect Acres,LLC.,an Iowa limited liability corporation,predecessor in title to
the Property Owner,granted that certain Public Overland Flowage Easement,recorded in Book
2014,Pages 15308,and that certain Overland Flowage Easement,recorded in Book 2013,Page
6516,(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 5 'day of June,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 County Iowa
Recorder.
illiam .Peard,ayor
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