HomeMy WebLinkAbout2018-06-04-Resolutions 18-232_Grant Park P2 Lot 42 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-232
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[640 SE MADRONE LANE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UICEE,IO IYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,CHRISTOPHER D.HIGGINS,is the owner of Lot 42 in Grant Park Plat 2("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 company,predecessors in title to the
Property Owner,granted that certain Public Overland Flowage Easement,recorded in Book
2008,Page 332,(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 4 day of June,2018 that the Agreement Concerning Construction of Fence in connection
with the Property is hereby approved and accepted by the City of Waukee,an City Clerk is
hereby authorized to file such first amendment to easement with the as unty,Iowa
Recorder.
R.aries Bottenberg,Mayor Pro Tem
Attest:
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYK
X
X
X
X
X
NAY ABSENT ABSTAIN