HomeMy WebLinkAbout2018-05-07-Resolutions 18-192_Hemingway P1 Lot 71 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-192
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[150 SE BAYTREE DRIVE]
INTHENAMEANDBYTHEAUTHORITYOF THECITYOF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JUSTIN &LINDSAY SCHMAUSS,are the owners of Lot 71 in Hemingway Plat
1 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Boardwalk Development Company,No.II,LLC,an Iowa limited liability
corporation,predecessors in title to the Property Owner,granted that certain Storm Sewer &
Surface Water Flowage Easement,recorded in Book 2006,Page 1203,(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 7"day of May,2018 that the Agreement Concerning Construction of Fence in connection
with the Property is hereby approved and accepted by the City of Waukee,an e City Clerk is
hereby authorized to file such first amendment to easement with a as ty,Iowa
Recorder.
harles Bottenberg,Mayor Pro Tem
Attest:
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
NAY ABSENT ABSTAIN