HomeMy WebLinkAbout2016-09-06-Resolutions 16-394_Spyglass P2 Lot 7 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-394
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE t580
WHISTLING COURT]
IN THE NAME AND BY THE AUTHOR1TY OF THE CITY OF WAUKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,DAN A.&MICHELLE M.KOSMICKI,are the owners of Lot 7 in Spyglass Plat
2 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Spyglass 2,LLC,an Iowa limited liability company,predecessor in title to the
Property Owner,granted that certain Public Overland Flowage Easement,recorded in Book
2014,Page 10740,and that certain Public Storm Sewer Easement,recorded in Book 2014,Page
10736,(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 with the Dallas County,
I R d
m .ear,Mayor
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