HomeMy WebLinkAbout2018-09-17-Resolutions 18-387_Landing at Shadow Creek P2 Lot 40 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-387
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[485 NE BOBCAT DRIVE]
IN THENAMEANDBYTHEAUTHORITYOF THE CJTYOF IYAUKEK,101YA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JOSEPH SINNWELL,is the owner of Lot 40 in The Landing at Shadow Creek
Plat 2 ("Property Owner");AND,
WHEREAS,the Property Owner is 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 2015,Page 19766,and that certain,Public Utility Easement,recorded in Book
2015,Page 19768 (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 authonzed to file such first amendment to easem t with the Dallas County,
Iowa Recorder.
iam F.card,Mayor
Attest:
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYK
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NAY ABSENT ABSTAIN
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