HomeMy WebLinkAbout2019-06-03-Resolutions 19-215_Hemingway P1 Lot 70 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-215
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[140 SE BAYTREE DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IO IYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,DAVID &ANDREA FLODEN,are the owners of Lot 70 of Hemingway Plat I
("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Boardwalk Development Company,No.II,LLC,an Iowa limited liability
company,predecessors in title to the Property Owners,granted that certain Storm Sewer &
Surface Water Flowage Easement,dated October 18,2005,recorded on January 26,2006,in
Book 2006,Page 1203,(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 C nty,Iowa
Recorder.
il iam F.ard,M yor
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYE
X
X
NAY ABSENT ABSTAIN
X
X