HomeMy WebLinkAbout2017-09-18-Resolutions 17-449_Hawthorne Ridge P1 Lot 13 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-449
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [820
SE PLUMWOOD LANE]
INTHENAMEANDBYTHEAUTHORITYOF THE CITYOF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,BRYCE EUGENE ROSEL &MICHELLE LYNN ROSEL,are the owners of Lot
13 in Hawthorne Ridge Plat 1 ("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 849,Page 442 -444,(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 18'"day of September,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 wit e Dallas County,
Iowa Recorder.
Wi am F.ard,a or
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
NAY ABSENT ABSTAIN