HomeMy WebLinkAbout2019-02-19-Resolutions 19-064_Fox Creek Estates P5 Lot 50 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-064
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[310 NK PRAIRIE WOLF DRIVE]
INTHENAMEANDBYTHEAUTHORITYOF THE CITYOF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,GRAYHAWK HOMES OF IOWA,INC.,is the owner of Lot 50 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 company,predecessors in title to the
Property Owner,granted that certain Public Overland Flowage Easement,recorded in Book
2014,Page 15308,and that certain Public Storm Sewer Easement,recorded in Book 2014,Page
15311,(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 19'"day of February,2019 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 t Dallas County,
Iowa Recorder.
iam .ar,Ma or
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