HomeMy WebLinkAbout2013-08-19-Resolutions 13-217_Willow Brook P1 Lot 10 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-217
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [760
SE WILLOWBROOK DRIVE]
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,CLARENCE ISAIAH AND MEGAN RUTH MCGEE,are the owners of Lot 10 of
Willow Brook Plat I ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Eastpark Development,L.L.c.,an Iowa limited liability company,predecessor in
title to the Property Owners granted a Storm Sewer and Overland Flowage Easement which was
accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2003,Page
22376,and a Sanitary Sewer Easement,which was accepted by the City of Waukee and recorded
with Dallas County,Iowa in Book 2003,Page 22373 (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 ofa fence within a portion of
the Easement area pursuant to the terms of the Agreement Concenring Construction ofFence.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 19th 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:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
C.Isaiah McGee
Mike Watts
AYE
X
X
X
NAY
X
ABSENT ABSTAIN
X