HomeMy WebLinkAbout2018-06-04-Resolutions 18-228_Landing at Shadow Creek P2 Lot 77 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-228
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[550 NE BROOKSHIRE DRIVEl
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF IYA UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,CASEY &EMILY MALLOY,are the owners of Lot 77 in The Landing at
Shadow Creek Plat 2 ("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,
predecessors in title to the Property Owner,granted that certain Storm Sewer Easement,recorded
in Book 2015,Page 19767,(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 Wauk d the City Clerk is
hereby authorized to file such first amendment to easement with th as County,Iowa
Recorder.
R.C es 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