HomeMy WebLinkAbout2013-08-19-Resolutions 13-216_Warrior Ridge Lot 7 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-216
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [205
SE TELBY 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,MIKE AND HEATHER WALKER,are the owners of Lot 7 of Warrior Ridge
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Tripple T Development,L.L.c.,predecessor in title to the Property Owners
granted and Overland Flowage Easement which was accepted by the City of Waukee and
recorded with Dallas County,Iowa in Book 2012,Page 10386,and a Public Utility Easement,
which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book
2012,Page 10383 (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 ofFence.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 19'h day of August,2013 that the Agreement Concerning 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:
'1tJ.MdA /~-!----_
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
C.Isaiah McGee
Mike Watts
AYE
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NAY ABSENT ABSTAIN