HomeMy WebLinkAbout2019-05-06-Resolutions 19-167_Daybreak P1 Lot 14 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-167
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[600 DAYBREAK DRIVE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,BENNETT BAY INVESTMENTS,LLC,are the owners of Lot 14 in Daybreak
Plat 1 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Hawkeye Homes of Iowa,LLC,an Iowa limited liability company,predecessors in
title to the Property Owner,granted that certain Overland Flowage Easement,recorded in Book
2015,Page 13013,and that certain Public Storm Sewer Easement,recorded in Book 2015,Page
13015,(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,an Clerk is
hereby authorized to file such first amendment to easement vidth a as Co,Iowa
Recorder.
aries Bottenberg,Mayor Pro Tem
Attest:
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