HomeMy WebLinkAbout2018-09-17-Resolutions 18-388_Gracewood Lot 2 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-388
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[45 NE GRACKWOOD DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JULIE M.THELEN,are the owners of Lot 2 in Gracewood ("Property Owner");
AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Grace Wood Joint Venture,predecessors in title to the Property Owner,granted
that certain Surface Water Flowage Easement,recorded in Book 2005,Page 12030,(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.
W i .e,Mayor
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
NAY ABSENT ABSTAIN
X