HomeMy WebLinkAbout2019-02-19-Resolutions 19-063_Willow Pines P1 Lot 34 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-063
APPROVING AN AGRKEMKNT CONCERNING CONSTRUCTION OF FENCE
[3105 JACKPINE DRIVE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JODY L.JOHNSON,is the owner of Lot 34 in Willow Pines Plat 1 ("Property
Owner*');AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Willow Pines,LLC,an Iowa corporation,predecessors in title to the Property
Owner,granted that certain Public Utility Easement,recorded in Book 2014,Page 15766,and
that certain Surface Water Flowage Easement,recorded in Book 2014,Page 15769,and that
certain Landscape Buffer Easement,recorded in Book 2014,Page 15774,(collectively the
"Easement")AND,
WHEREAS,James M.Caterine &Barbara A Caterine,predecessors in title to the Property
Owner,granted that certain Water Main Easement,recorded in Book 768,Page 0469,
(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 19'"day of February,2019 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 liam F.P ard,May r
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