HomeMy WebLinkAbout2013-09-03-Resolutions 13-229_Grant Park P2 Lot 9 - Fence Construction AgrTHE CITY OF WAUKEE,row A
RESOLUTION 13-229
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [625
SE MADRONE LANE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,PATRICK A.AND SHERIK.CROUSE,are the owners of Lot 9 of Grant Park
Plat 2 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,KE Brewer,L.L.C.,an Iowa limited liability company and KNC,L.L.C.,an Iowa
limited liability company,predecessors in title to the Property Owners granted an Overland
Flowage Easement which was accepted by the City of Waukee and recorded with Dallas County,
Iowa in Book 2008,Page 332 (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 ofFence.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 3,-d day of September,2013 that the Agreement Conceming Construction ofFence 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.
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Casey L.Harvey X
Shelly Hughes X
C.Isaiah McGee X
Mike Watts X