HomeMy WebLinkAbout2018-06-04-Resolutions 18-231_Hemingway P1 Lot 80 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-231
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[130 SE HAZELWOOD DRIVE]
IN THE NAME AND BY THE A UTHOBITY OF THE CITY OF 8'A UEEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,TREVOR K JORDAN SMETS,are the owners of Lot 80 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
company,predecessors in title to the Property Owner,granted that certain Surface Water
Flowage Easement,recorded in Book 2006,Page 1201,(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 4'"day of June,2018 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 with the Dal y,Iowa
Recorder.
R.aries 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
X
NAY ABSENT ABSTAIN