HomeMy WebLinkAbout2013-09-16-Resolutions 13-241_Glynn Village P3 Lot 35 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-241
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [110
SE DILLON DRIVEl
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,JOSHUA N.AND MELISSA J.GONNERMAN,are the owners of Lot 35 of
Glynn Village Plat 3 ("Property Owner");AND,
WHEREAS,the Property Owner is desirous of installing a fence on the property;AND,
WHEREAS,Hubbell Metropolitan Development Fund I,L.L.C (Series E),predecessor in title
to the Property Owners granted an Surface Water Flowage Easement which was accepted by the
City of Waukee and recorded with Dallas County,Iowa in Book 2008,Page 14189,and a Public
Utility Easement,which was accepted by the City of Waukee and recorded with Dallas County,
Iowa in Book 2008,Page 14187 (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 RESOLVED by the City Council ofthe City of Waukee,Iowa on
this 16th day of September,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.
illia F.Peard,Mayor
Attest
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