HomeMy WebLinkAbout2016-08-01-Resolutions 16-332_Grant Park P3 Lot 28 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-332
APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE [610
SE DRIFTWOOD LANE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'2 UICEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,DAVID I AND DIANE LOUISE POTTS,are the owners of Lot 28 in Grant Park
Plat 3 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,KNC,L.L.C.,an Iowa limited liability company,predecessors in title to the
Property Owners,granted that certain Landscape Buffer Easement,dated October 31,2013,
recorded on November 13,2013,in Book 2013,Page 20802 (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 Da s County,Iowa
Recorder.
am .Peard,May r
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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