HomeMy WebLinkAbout2017-10-16-Resolutions 17-496_Painted Woods P2 Lot 29 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-496
APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE
[260 INDIAN RIDGE DRIVE]
IN THE NAMEAND BYTHEAUTHORITYOF THE CITYOF 8'AUKEE,108'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,DAVID E.&JENNIFER A.GARCIA,are the owners of Lot 29 in Painted Woods
Plat 2 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Painted Woods Development Company Joint Venture,predecessor in title to the
Property Owner,granted that certain Surface Water Flowage Easement,recorded in Book 2007,
Page 4326,(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 16'"day of October,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 it the Dallas County,
Iowa Recorder.
e,Mayo
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
X
X
NAY ABSENT ABSTAIN
X