HomeMy WebLinkAbout2017-04-03-Resolutions 17-184_Parkview Crossing P11 Lot 15 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-184
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1860
SE WATERS EDGE 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,JOSHUA ADAM HELVIG &KIRA NICHOLE HELVIG,are the owners of Lot
15 in Parkview Crossing Plat 11 ("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 Storm Sewer 2 Overland Flowage Easement,recorded in Book
2015,Page 13037,and that certain Public Utility Easement,recorded in Book 2015,Page 13030,
(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 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 Cou y,Iowa
Recorder.
illiam F.card,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Lany R.Lyon
AYK
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NAY ABSENT ABSTAIN