HomeMy WebLinkAbout2017-02-06-Resolutions 17-083_Williams Pointe P4 Lot 10 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-083
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [750
SE TRADKN COURT]
IN THE NAME AND BY THEA UTHORITY OF THE CITY OF O'A UKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ANGELA CLARK,is the owner of Lot 10 in Williams Pointe Plat 4 ("Property
Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Williams Turf Farms,Inc.,and Iowa corporation,predecessor in title to the
Property Owner,granted that certain Overland Flowage Easement,recorded in Book 2004,Page
16140,(collectivety 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 i h t Dallas County,
Iowa Recorder.
'lliam .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