HomeMy WebLinkAbout2019-04-15-Resolutions 19-142_Fox Creek Estates P7 Lot 13 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-142
APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE
[330 NE WOLFPACK DRIVE]
IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,BRIAN Ik ASHLEY FOSTER,are the owners of Lot 13 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,(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 15'"day of April,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 the Dallas County,Iowa
Recorder.
Attest
lliam F.ea d,ayor
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
X
NAY ABSENT ABSTAIN