HomeMy WebLinkAbout2018-09-17-Resolutions 18-385_Fox Creek Estates P5 Lot 68 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-385
APPROVING AN AGREKMKNT CONCERNING CONSTRUCTION OF FENCE
[90 NE BADGER LANE]
IN THE NAPPE AND BY THE A UTHORITY OF THE CITY OF IYA UKEE,IO8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,KEVIN Rr DEBORAH HOCKEMEYER,are the owners of Lot 68 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 Storm Sewer Rr Overland Flowage Easement,
recorded in Book 2014,Page 15310,(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 17"'day of September,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 County,
Iowa Recorder.
Wi am .ard,ayor
Attest:
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYK
X
X
X
X
NAY ABSENT ABSTAIN