HomeMy WebLinkAbout2017-04-03-Resolutions 17-182_Kettlestone Ridge P1 Lot 19 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-182
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2510
SK FLORENCE DRIVE]
IN THENAMEAND BYTHEAUTHORITYOF THE CITYOF WAUKEE,108'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,MATTHEW R.KIRKE,is the owner of Lot 19 in Kettlestone Ridge Plat 1
("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 Overland Flowage Easement,recorded in Book 2016,Page 7695,
and that certain Public Utility Easement,recorded in Book 2016,Page 7694,(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 3'"day of April,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 Coun,Iowa
Recorder.
illiam .Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
1'll oil
Shelly Hughes
Larry R.Lyon
AYK
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NAY ABSENT ABSTAIN