HomeMy WebLinkAbout2016-03-21-Resolutions 16-101_Southview Estates Lot 38 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-101
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [805
SPRUCE STREET]
IN THE NAME AND BY THEAUTHORITY OF THE CITY OF WAUKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JESSE L.&ELAINE C.PETERSEN,are the owners of Lot 38 in Southview
Estates (*'Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Boardwalk Development,an Iowa corporation,predecessor in title to the Property
Owner,granted that certain Storm Sewer and Surface Water Flowage Easement,recorded in
Book 2000,Page 7025,(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 21"day of March,2016 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.
iam P ard,ayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
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NAY ABSENT ABSTAIN