HomeMy WebLinkAbout2018-06-04-Resolutions 18-230_Windfield II P5 Lot 43 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-230
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[780 SE DEERFIELD LANE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A UKEE,IO8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,AMANDA SCAVO,is the owner of Lot 43 in Windfield II Plat 5 ("Property
Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Windfield Development II,LC,an Iowa limited liability company,predecessors in
title to the Property Owner,granted that certain Surface Water Flowage Easement,recorded in
Book 2005,Page 16396,(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 D ou,owa
Recorder.
R.es Bottenberg,Mayor Pro Tem
Attest:
Re ecca 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