HomeMy WebLinkAbout2013-11-04-Resolutions 13-291_Westgate P3 Lot 10 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-291
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [700
SE GLENDALE 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,JONATHAN C.AND HALEY M.CROWSON,are the owners of Lot 10 of
Westgate Plat 3 ("Property Owners");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
Properties,Inc.,General Parmer,by Michael R.Myers,President,predecessor in title to the
Property Owners,granted that certain Drainage Easement,dated August 31,1999,recorded on
November 23,1999,in Book 1999,Page 013062 and a Public Utility Easement,dated August
31,1999,recorded on November 23,1999,in Book 1999,Page 013065 (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 Conceming Construction ofFence.
NOW THEREFORE BE IT RESOL YED by the City Council of the City of Waukee,Iowa on
this 4th day of November,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:
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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