HomeMy WebLinkAbout2015-08-03-Resolutions 15-261_Warrior Ridge Lot 14 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-261
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [135
SE TELBY LANE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,ION'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,MARK AND JENNIFER HOGGE,are the owners of Lot 14 in Warrior Ridge
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Triple T Development,L.L.C.,predecessor in title to the Property Owner,granted
that certain Public Overland Flowage Easement,recorded in Book 2012,Page 10386,and that
certain Public Utility Easement,recorded in Book 2012,Page 10383,(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 BK IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 3"day of August,2015 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,Iowa
Recorder.
illiam F.Peard,ayor
Attest
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
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NAY ABSENT ABSTAIN