HomeMy WebLinkAbout2016-01-04-Resolutions 16-003_Hemingway P1 Lot 45 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-003
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [170
SK KELLERMAN LANE[
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF 8'A UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,BENJAMIN HAYES,is the owner of Lot 45 in Hemingway Plat I ("Property
Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Boardwalk development Company,No.II,LLC,an Iowa limited liability
company,predecessor in title to the Property Owner,granted that certain Storm Sewer and
Surface Water Flowage Easement,recorded in Book 2006,Page 1203,and that certain Public
Utility Easement,recorded in,Book 2006,Page 1199,(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 consnuction 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 4 day of January,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.
Attest:
Willi F.Peard,Mayor
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYK
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NAY ABSENT ABSTAIN
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