HomeMy WebLinkAbout2014-05-05-Resolutions 14-109_Parkview Crossing P6 Lot 13 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-109
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [705
SE PRAIRIE PARK LANE]
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,BRIAN PLATH,is the owner of Lot 13 Parkview Crossing Plat 6 ("Property
Owner")'AND,,
WHEREAS,the Property Owner is desirous of installing a fence on the property;AND,
WHEREAS,Jerry's Homes,Inc.,predecessor in title to the Property Owner,granted that certain
Surface Water Flowage Easement,dated December 15,2004,recorded on January 4,2005,in
Book 2004,Page 171 (the "Easement");AND,
WHEREAS,the fence is intended to be erected within a portion of the Easement;AND,
WHEREAS,the Easement prohibits the Property Owner 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 ofFence.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 5th day of May,2014 that the Agreement Concerning Construction ofFence 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 nty,Iowa
Recorder.
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
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NAY ABSENT ABSTAIN