HomeMy WebLinkAbout2017-05-01-Resolutions 17-223_Grant Park Lot 44 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-223
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2105
SE LEEANN DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JOSEPH R.PUDENZ k CASSANDRA A.LOECKE,are the owners of Lot 44 in
Grant Park ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,KE Brewer,LLC,an Iowa limited liability corporation,predecessor in title to the
Property Owner,granted that certain Overland Flowage Easement,recorded in Book 2005,Page
12738 (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 1"day of May,2017 that the Agreement Concerning Construction of Fence in connection
vtdth 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 Coun,Iowa
Recorder.
illiam F.card,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYK
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NAY ABSENT ABSTAIN