HomeMy WebLinkAbout2018-04-16-Resolutions 18-170_Grant Park P2 Lot 56 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-170
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[2165 SE PEACHTREE DRIVE]
IN THE NAME AND BY THEA UTHORITY OF THE CITY OF WA UICEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,NATHANIEL W.&MARY C.LOWRY,are the owners of Lot 56 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 corporation,and KNC,LLC,an Iowa
limited liability corporation,predecessors in title to the Property Owner,granted that certain
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 16 day of April,2018 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 Co ty,Iowa
Recorder.
illiam F.card,Mayor
Attest
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYE
X
X
X
X
NAY ABSENT ABSTAIN
X