HomeMy WebLinkAbout2016-09-06-Resolutions 16-389_Landing at Shadow Creek P2 Lot 20 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-389
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [530
NK DELLWOOD COURT]
IN THE NAME AND BY THE AUTHOIUTY OF THE CITY OF WA UEEE,108'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ANDREW J.&RACHAEL S.WEIENETH,are the owners of Lot 20 in The
Landing at Shadow Creek Plat 2 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Landing at Shadow Creek,LLC,an Iowa limited liability company,predecessor in
title to the Property Owner,granted that certain Overland Flowage Easement,recorded in Book
2015,Page 19766 (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 6 day of September,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 w'the Dallas County,
Iowa Recorder.
li .Peard,ayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN