HomeMy WebLinkAbout2016-08-01-Resolutions 16-331_Williams Pointe P10 Lot 46 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-331
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE |385
SE SAGEWOOD CIRCLE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF IYA USE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ADDISON &CLAIRE ZELLMER,are the owners of Lot 46 in Williams Pointe
Plat 10 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Williams Pointe Development II,LC,an Iowa limited liability company,
predecessor in title to the Property Owner,granted that certain Overland Flowage Easement,
recorded in Book 2006,Page 9462,and that certain Public Utility Easement,recorded in Book
2006,Page 9458,(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 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 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 ty,Iowa
Recorder.
card,ayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
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NAY ABSENT ABSTAIN
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