HomeMy WebLinkAbout2017-07-24-Resolutions 17-355_Parkview Crossing P3 Lot 3 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-355
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1845
SE PRAIRIE CREEK DRIVE]
IN THE NAME AND BY THE A UTHORlTY 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,SANDRA J.SCHATZBERG,is the owner of Lot 3 in Park View crossing Plat 3
("Property Owner");AND,
WHEREAS,the Property Owner is desirous of installing a fence on the property;AND,
WHEREAS,Gerald Grubb,Inc.,an Iowa corporation,predecessor in title to the Property
Owner,granted that certain Surface Water Flowage Easement,recorded in Book 2002,Page
12879,(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 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 Dali ounty,Iowa
Recorder.
Wi am 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
X
X
X
X
NAY ABSENT ABSTAIN