HomeMy WebLinkAbout2018-11-19-Resolutions 18-473_Spring Crest P2 Lot 2 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-473
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[965 SPRUCE STREETj
IN THE NAMEAND BY THEAUTHOMTY OF THE CITY OF WAUKEE,TOP'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ROBSON HOMES,INC.,is the owner of Lot 2 in Spring Crest Plat 2 ("Property
Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Spring Crest Partners,LLC,an Iowa limited liability corporation,predecessors in
title to the Property Owner,granted that certain Public Overland Flowage and Storm Sewer
Easement,recorded in Book 2018,Page 2443,and that certain Public Utility Easement,recorded
in Book 2018,Page 2441 (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 19'"day of November,2018 that the Agreement Concerning Construction of Fence in
connection with the Property is hereby approved and accepted by the City o ee,and the
City Clerk is hereby authorized to file such first amendment to eas wit e Dallas County,
Iowa Recorder.
R.aries Bottenberg,Mayor Pro Tem
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