HomeMy WebLinkAbout2019-05-06-Resolutions 19-166_Fox Creek Estates P7 Lot 29 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-166
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[370 NE BOBCAT DRIVE]
IN THE NAME AND BY THE AUTHORJTYOF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,SAMUEL k ERIN KNUPP,are the owners of Lot 29 in Fox Creek Estates Plat 7
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,TCB Investments,LLC,an Iowa limited liability company,predecessors in title to
the Property Owner,granted that certain Overland Flowage Easement,recorded in Book 2016,
Page 16365,and that certain Public Storm Sewer Easement,recorded in Book 2016,Page 16367,
(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 alias C ty,Iowa
Recorder.
R.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