HomeMy WebLinkAbout2019-06-03-Resolutions 19-213_Landing at Shadow Creek P4 Lot 12 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-213
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[765 NE ADDISON DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JESSICA M.DEPHILLIPS,is the owner of Lot 12 of Landing at Shadow Creek
Plat 4 ("Property Owner");AND,
WHEREAS,the Property Owner is 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,and that certain
Public Utility Easement,dated September 13,2016,recorded on October 11,2016,in Book
2016,Page 19687,(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 Owner 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 Count,Iowa
Recorder.
i liam F.Pear,Ma r
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYK
X
X
NAY ABSENT ABSTAIN
X