HomeMy WebLinkAbout2016-08-01-Resolutions 16-326_Legacy Pointe at Waukee P3 Lot 52 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-326
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1710
SE BRISTOL DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A UKEE,108'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,HENRY V.SCHNIEDER &BETHANY M.JACOBSON,are the owners of Lot
52 in Legacy Pointe at Waukee Plat 3 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Legacy Pointe Residential,LLC,an Iowa limited liability company,predecessor in
title to the Property Owner,granted that certain Sanitary Sewer Easement,recorded in Book
2004,Page 17229,(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 I"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 Dalla County,Iowa
Recorder.
illiam F.Pear,May r
Attest
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
NAY ABSENT ABSTAIN