HomeMy WebLinkAbout2018-08-06-Resolutions 18-316_Landing at Shadow Creek P4 Lot 22 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-316
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[740 NE ADDSON DRIVE]
IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,LORI A.HURKIN,is the owner of Lot 22 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,
predecessors 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
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 6"day of August,2018 that the Agreement Concerning Construction of Fence in connection
with the Property is hereby approved and accepted by the City of Waukee,and t e City Clerk is
hereby authorized to file such first amendment to easement with the Dallas C y,Iowa
Recorder.
i iam .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
NAY ABSENT ABSTAIN