HomeMy WebLinkAbout2019-05-06-Resolutions 19-164_Landing at Shadow Creek P4 Lot 24 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-164
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[760 NE ADDISON DRIVE]
IN THE NAMEAND BY THEA UTHORITYOF THE CITYOF WAUI EE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,BRENT k,JESSICA POTRZEBA,are the owners of Lot 24 of The Landing at
Shadow Creek Plat 4 ("Property Owners'*);AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Landing at Shadow Creek,L.L.C.,an Iowa limited liability company,predecessor
in title to the Property Owners,granted that certain Overland Flowage Easement,dated
September 12,2016,recorded on October 11,2016,in Book 2016,Page 19685 (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 1 ounty,Iowa
Recorder.
R.Charles 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