HomeMy WebLinkAbout2019-04-15-Resolutions 19-141_Painted Woods West P1 Lot 34 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-141
APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE
[3810 WESTWIND COURT]
IN THE NAMEAND BY THE AUTHORITYOF THE CITY OF WAUKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,MELISSA M.SCHEUERMAN REVOCABLE TRUST,is the owner of Lot 34 in
Painted Woods West Plat 1 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Painted Woods Development,LC,an Iowa limited liability company,predecessors
in title to the Property Owner,granted that certain Public Overland Flowage Easement,recorded
in Book 2015,Page 17333,and that certain Public Storm Sewer Rr,Overland Flowage Easement,
recorded in Book 2015,Page 17334,(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
i iam e ,ayor
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