HomeMy WebLinkAbout2019-05-06-Resolutions 19-168_Corrected Fox Creek Estates P6 Lot 35 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-168
APPROVING AN AGREKMKNT CONCERNING CONSTRUCTION OF FENCE
[200 NK ELK RUN DRIVE]
JN THE NAMEAND BY THEAUTHORITYOF THE CITY OF IYAUEEE,JOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JEFF &ALLISON HITCHINGS,are the owners of Lot 35 in Corrected Fox Creek
Estates Plat 6 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Fox Creek Waukee,LLC,an Iowa limited liability company,predecessors in title
to the Property Owner,granted that certain Public Sanitary Sewer Easement,recorded in Book
2015,Page 18890,(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 6"day of May,2019 that the Agreement Concerning Construction of Fence in connection
with the Property is hereby approved and accepted by the City of Waukee,City Clerk is
hereby authorized to file such first amendment to easement with t a as Co,Iowa
Recorder.
R.Charles Bottenberg,Mayor Pro Tem
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