HomeMy WebLinkAbout2017-06-05-Resolutions 17-277_Westgate P7 Lot 9 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 17-277
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [655
SE MURPHY DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IO IYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,SHANA GROW,is the owner of Lot 9 in Westgate Plat 7 ("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 Detention A Overland Flowage Easement,recorded in
Book 2004,Pages 10436,(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 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,lo a
Recorder.
illiam F.Peard,ayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Anna Bergman
R.Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN