HomeMy WebLinkAbout2015-03-16-Resolutions 15-082_Hemingway P1 Lot 85 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-Q82
APPROVING AN AGRKKMKNT CONCERNING CONSTRUCTION OF FENCE [18Q
SK HAZELWOOD DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IO8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,KODY AND LACEY BIGELOW,are the owners of Lot 85 in Hemingway Plat 1
{"Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Stephen R.Grubb,as president of Boardwalk Development Company No.II,
L.L.C.,and Iowa corporation,predecessor in title to the Property Owners,granted that certain
Surface Water Flowage Easement,recorded in Book 2006,Page 1201 {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 teims of the Agreement Concerning Construction of Fence.
NOW THEREFORE BK IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 16"'day of March„2015 that the Agreement Conceniing 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.card,ayoi
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYK
X
X
NAY ABSENT ABSTAIN