HomeMy WebLinkAbout2017-02-06-Resolutions 17-084_Parkview Crossing P10 Lot 12 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-084
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE ]1635
SE WATERS EDGE DRIVE]
IN THE NAME AND BY THE A IITHORITY OF THE CITY OF 8'3 UKEE,108'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,RICHARD J.O'BRIEN &SARAH LANTZ-O'BRIEN,are the owners of Lot 12
in Parkview Crossing Plat 10 ("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 Public Overland Flowage Easement,recorded in Book 2011,Page
12415,and that certain Public Utility Easement,recorded in Book 2005,Page 168,(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 February,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 the Dallas County,
Iowa Recorder.
liam .Peard Mayor
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