HomeMy WebLinkAbout2016-09-06-Resolutions 16-392_Spyglass Lot 56 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-392
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [635
SPYGLASS COURT]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,RYAN &MICHELLE BERENDS,are the owners of Lot 56 in Spyglass
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Spyglass Development Co.,L.C.,an Iowa limited liability company,predecessor
in title to the Property Owner,granted that certain Surface Water Flowage Easement,recorded in
Book 2004,Page 19950,and that certain Sanitary Sewer Easement,recorded in Book 2004,Page
19550,(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 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 ith the Dallas County,
Iowa Recorder.
e,Mayor
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