HomeMy WebLinkAbout2013-08-19-Resolutions 13-215_Spyglass Lot 51 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-215
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [565
SPYGLASS COURT]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,GREGORY AND SUZANNE CLARK~,are the owners of Lot 51 in Spyglass
("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Spyglass Development Co.,L.c.,predecessor in title to the Property Owners
granted a Surface Water Flowage Easement which was accepted by the City of Waukee and
recorded with Dallas County,Iowa in Book 2004,Page 19950,and a Public Utility Easement,
which was accepted by the City of Waulcee and recorded with Dallas Connty,Iowa in Book
2004,Page 19950 (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 ofFence.
NOW THEREFORE BE IT RESOLVED by the City Conncil of the City of Waukee,Iowa on
this 19'h day of August,2013 that the Agreement Concerning Construction ofFence 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:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
C.Isaiah McGee
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN