HomeMy WebLinkAbout2019-06-03-Resolutions 19-214_Landing at Shadow Creek P4 Lot 25 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-214
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[770 NE ADDISON 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,ANDREW &ALDIJANA DAVIS,are the owners of Lot 25 of Landing at Shadow
Creek Plat 4 ("Property Owners");AND,
WHEREAS,the Property Owners are 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 (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 BK 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.
i iam F.ear,Mayor
Attest:
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AVE
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NAY ABSENT ABSTAIN
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