HomeMy WebLinkAbout2018-04-16-Resolutions 18-166_Landing at Shadow Creek P4 Lot 7 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-166
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[825 NE ADDISON DRIVE]
IN THE NAME AND BY THE A UTHOIIITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,HAPPE HOMES,LLP,are the owners of Lot 7 in The Landing at Shadow Creek
Plat 4 ("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,predecessor
in title to the Property Owner,granted that certain Overland Flowage Easement,recorded in
Book 2016,Page 19685,and that certain Public Utility Easement,recorded in Book 2016,Page
19687 (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
snucture 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 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 Co nty,Iowa
Recorder.
i liam F card,Mayor
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
NAY ABSENT ABSTAIN