HomeMy WebLinkAbout2016-07-05-Resolutions 16-273_Hemingway P1 Lot 79 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-273
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [120
SE HAZELWOOD DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF O'A UKEE,IO8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,RYAN R.6c HILARY E.MCCAULEY,are the owners of Lot 79 in Hemingway
Plat 1 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Boardwalk Development Company,No.II,LLC,an Iowa limited liability
company,predecessor in title to the Property Owner,granted that certain Surface Water Flowage
Easement,recorded in Book 2006,Page 1201,(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 5"day of July,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 unty,Iowa
Recorder.
dliam F.card,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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NAY ABSENT ABSTAIN
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