HomeMy WebLinkAbout2018-10-01-Resolutions 18-400_Westgate P5 Lot 6 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 18-400
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE
[615 SE CRABAPPLE DRIVE]
IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,ION'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,AUSTIN &BRANDEE ROGGATZ,are the owners of Lot 6 in Westgate Plat 5
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,an Iowa general partnership,predecessors in title to the
Property Owner,granted that certain Storm Sewer &Overland Flowage Easement,recorded in
Book 2003,Page 19817,(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 1"day of October,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 County,Iowa
Recorder.
Wi iam F.Pear,Mayor
Attest:
Rebecca D.Schuett,City Clerk
RESULTS OF VOTE:
Anna Bergman
R.Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R.Lyon
AYK
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NAY ABSENT ABSTAIN