HomeMy WebLinkAbout2017-03-06-Resolutions 17-132_Williams Pointe P4 Lot 37 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-132
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE t1745
SE HAWTHORNE RIDGE DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IO 8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,MICHAEL MORRISON,is the owner of Lot 37 in Williams Pointe Plat 4
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Williams Turf Farms,Inc.,and Iowa corporation,predecessor in title to the
Property Owner,granted that certain Storm Sewer Easement,recorded in Book 2004,Page
16143,(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 6"day of March,2017 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.
Wi iam F.Peard,ayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
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NAY ABSENT ABSTAIN
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