HomeMy WebLinkAbout2018-07-16-Resolutions 18-286_Fox Creek Estates P5 Lot 71 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-286
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[60 NK BADGER LANK]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,DANIEL LENGELING k HOLLI M.SCHMIDT,are the owners of Lot 71 in Fox
Creek Estates Plat 5 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Perfect Acres,LLC,an Iowa limited liability corporation,predecessors in title to
the Property Owner,granted that certain Public Overland Flowage Easement,recorded in Book
2014,Page 15308,(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 16 day of July,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 Cou,Iowa
Recorder.
W'am F.Pe rd,May
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