HomeMy WebLinkAbout2016-10-17-Resolutions 16-454_Parkview Crossing P11 Lot 12 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-454
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1835
SE WATERS EDGE DRIVE)
IN THE NAME AND BY THE A UTHOBITY OF THE CITY OF IYA UKEE,IO 5'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,BRADLEY FREESE &LENA RYDBERG-FREESE,are the owners of Lot 12 in
Parkview Crossing Plat 11 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Jerry's Homes,Inc.,an Iowa corporation,predecessor in title to the Property
Owner,granted that certain Storm Sewer &Overland Flowage Easement,recorded in Book
2015,Page 13037,and that certain Public Utility Easement,recorded in Book 2015,Page 13030,
(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 17"day of October,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 easeme with the Dallas County,
Iowa Recorder.
ili F.e d,Ma or
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
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NAY ABSENT ABSTAIN