HomeMy WebLinkAbout2019-05-06-Resolutions 19-170_Westgate P2 Lot 23 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-170
APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE
[640 SE WINDFIKLD DRIVE]
IN THENAMEANO IIYTHEAUTHORITYOF THE CITYOF 8'AUKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,BRETT A.4 LISA R.THAYER,are the owners of Lot 23 in Westgate Plat 2
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,an Iowa general partnership by Michael R.Myers,
predecessors in title to the Property Owner,granted that certain Public Utility Rr,Drainage
Easement,recorded in Book 850,Page 930 -933,(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 6'"day of May,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 Dal ou,Iowa
Recorder.
R.les 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
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN