HomeMy WebLinkAbout2017-07-24-Resolutions 17-350_Brookridge P2 Lot 14 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-350
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [460
NE BOWMAN DRIVEJ
IN THE NAME AND BY THEA UTHORITY OF THE CITY OF WA UKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,BRIAN CLARK 2 MEGAN LEIGH CLARK,are the owners of Lot 14 in
Brookridge Plat 2 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,J Dev,LLC,an Iowa limited liability corporation,predecessor in title to the
Property Owner,granted that certain Overland Flowage Easement,recorded in Book 2015,Page
2737,(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 24"day of July,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 C nty,Iowa
Recorder.
Attest:
Will .P 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
NAY ABSENT ABSTAIN