HomeMy WebLinkAbout2016-07-05-Resolutions 16-271_Westgate P3 Lot 18 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-271
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [800
SE GLENDALE DRIVE]
IN THE NAMEAND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOS'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JACOB B.&CHELSEA R.SCHMIDT,are the owners of Lot 18 in Westgate Plat
3 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,an Iowa general partnership by Michael R.Myers
Properties,Inc.,predecessor in title to the Property Owner,granted that certain Drainage
Easement,recorded in Book 1999,Page 013062,and that certain Public Utility Easement
recorded in Book 1999,Page 013065,(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 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 nd the City Clerk is
hereby authorized to file such first amendment to easement with the Da as ounty,Iowa
Recorder.
i li F.Pe d,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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