HomeMy WebLinkAbout2017-04-17-Resolutions 17-204_Willow Brook P4 Lot 32 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-204
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [945
SE WESTGATE DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF IYA UKEE,IO 8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,SOMENATH DAS,is the owner of Lot 32 in Willow Brook Plat 4 ('*Property
Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Eastpark Development,Inc.,an Iowa corporation,predecessor in title to the
Property Owner,granted that certain Storm Sewer &Sanitary Sewer Easement,recorded in
Book 2004,Page 16659 (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 April,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 Count,Iowa
Recorder.
liam F e d,ayor
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN