HomeMy WebLinkAbout2016-08-01-Resolutions 16-325_Fox Creek Estates P5 Lot 73 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-325
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [40 NK
BADGER LANE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF 8'A UKEE,IO8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JEREMY M.&BARBRA J.NEWCOMB,are the owners of Lot 73 in Fox Creek
Estates Plat 5 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Perfect Acres,LLC,an Iowa limited liability company,predecessor in title to the
Property Owner,granted that certain Public Overland Flowage Easement,recorded in Book
2014,Page 15308,(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 1"day of August,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 nty,Iowa
Recorder.
illiam .Peard,ayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYK
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NAY ABSENT ABSTAIN
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