HomeMy WebLinkAbout2019-04-15-Resolutions 19-138_Brookridge P2 Lot 16 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 19-138
APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE
[440 NK BOWMAN DRIVE]
IN THE NAMEAND BY THEAUTHORlTYOF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,PAUL M.&SUSAN J.FERRITER are the owners of Lot 16 in Brookridge Plat 2
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,J Dev,LLC,an Iowa limited liability company,predecessors in title to the Property
Owner,granted that certain Overland Flowage Easement,recorded in Book 2015,Page 2737,
(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 15'"day of April,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 unty,Iowa
Recorder.
Attest:
tarn P card,ayor
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