HomeMy WebLinkAbout2018-07-16-Resolutions 18-294_Glynn Village P10 Lot 96 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-294
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[2040 SE WADDELL WAY]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A UKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,LARRY &NANCY TARR,are the owners of Lot 96 in Glyim Village Plat 10
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Hubbell Metropolitan Development Fund I,LLC (Series E),a series of a multi-
series Iowa limited liability corporation,predecessors in title to the Property Owner,granted that
certain Storm Sewer &Surface Water Flowage Easement,recorded in Book 2016,Page 15244,
(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 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 'ty Clerk is
hereby authorized to file such first amendment to easement with the Dallas Cou y,owa
Recorder.
illiam F.Peard,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
X
NAY ABSENT ABSTAIN