HomeMy WebLinkAbout2019-06-03-Resolutions 19-216_Fox Creek Estates P5 Lot 30 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-216
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[300 NE COYOTE DRIVE}
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF IYA UI EE,IO IYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ANDREW J.&MONICA M.STECKEL,are the owners of Lot 30 of Fox Creek
Estates Plat 5 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Perfect Acres,L.L.C.,an Iowa limited liability company,predecessor in title to the
Property Owners,granted that certain Public Overland Flowage Easement,dated May 27,2014,
recorded on November 11,2014,in Book 2014,Page 15308,and certain Public Storm Sewer
Easement,dated May 27,2014,recorded on November 10,2014,in Book 2014,Page 15311,
(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 3'day of June,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.
liam F.ear,M or
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
NAY ABSENT ABSTAIN
X