HomeMy WebLinkAbout2017-09-18-Resolutions 17-446_Landing at Shadow Creek P4 Lot 15 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-446
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [735
NE ADDISON DRIVE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,KENNETH &JENNIFER HAMMOND,are the owners of Lot 15 in The Landing
at Shadow Creek Plat 4 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Landing at Shadow Creek,LLC,an Iowa limited liability corporation,predecessor
in title to the Property Owner,granted that certain Overland Flowage Easement,recorded in
Book 2016,Page 19685,and that certain Public Utilityr Easement,recorded in Book 2016,Page
19687 (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 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 wi the Dallas County,
Iowa Recorder.
liam F Peard,ayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
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NAY ABSENT ABSTAIN
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