HomeMy WebLinkAbout2018-04-16-Resolutions 18-169_Hawthorne Ridge P2 Lot 44 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-169
APPROVING AN AGREKMKNT CONCERNING CONSTRUCTION OF FENCE
[860 SE OAKLEAF LANE]
IN THE NAME AND BY THE A UTHOR1TY OF THE CITY OF 8'A UKEE,108'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,CHRISTOPHER J.JOLIET &KIMBERLY J.CUNNINGHAM,are the owners of
Lot 44 in Hawthorne Ridge Plat 2 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,J &K Partners,predecessors in title to the Property Owner,granted that certain
Surface Water Flowage Easement,recorded in Book 1998,Page 5143,(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 April,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 Dallas unty,Iowa
Recorder.
liam F.Peard,ayor
Attest:
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYK
X
X
X
X
NAY ABSENT ABSTAIN