HomeMy WebLinkAbout2016-06-06-Resolutions 16-236_Daybreak P1 Lot 8 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-236
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [660
DAYBREAK DRIVE]
IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ELEMENT 119,LLC,is the owner of Lot g in Daybreak Plat 1 C'Property
Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Hawkeye Homes of Iowa,LLC,and Iowa limited liability company,predecessors
in title to the Property Owner,granted that certain Overland Flowage Easement,recorded in
Book 2015,Page 13013,(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'June,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 ounty,Iowa
Recorder.
i liam .Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
VACANT SEAT
AYE
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X
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NAY ABSENT ABSTAIN
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