HomeMy WebLinkAbout2017-10-16-Resolutions 17-498_Spyglass P2 Lot 10 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-498
APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE
[620 WHISTLING COURT)
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF O'A UKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ALAN &CONNIE SEEBA,are the owners of Lot 10 in Spyglass Plat 2
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Spyglass 2,LLC,an Iowa limited liability corporation,predecessor in title to the
Property Owner,granted that certain Overland Flowage Easement,recorded in Book 2014,Page
10740,and that certain Public Sanitary Sewer Easement,recorded in Book 2014,Page 10738
(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 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 Waukee,and the
City Clerk is hereby authorized to file such first amendment to easement it the Dallas County,
Iowa Recorder.
i i .Pe d 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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X
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X
NAY ABSENT ABSTAIN
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