HomeMy WebLinkAbout2017-06-05-Resolutions 17-275_Westgate P2 Lot 20 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-275
APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE [185
SE CRABAPPLE DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 5'A UKEE,IO IYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,BRITTANY OGLESBY,is the owner of Lot 20 in Westgate Plat 2 ("Property
Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,an Iowa general partnership,predecessor in title to the
Property Owner,granted that certain Storm Sewer 6r.Drainage Easement,recorded in Book 850,
Pages 950 —953,and that certain Public Utility Easement,recorded in Book 850,Pages 946—
949,(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 5"'day of June,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 County,wa
Recorder.
lliam F.P ard,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