HomeMy WebLinkAbout2013-09-16-Resolutions 13-242_Westgate P6 Lot 19 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-242
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [775
SE PARKERDRIVEj
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,KIM WOLF,is the owner of Lot 19 of Westgate Plat 6 ("Propeliy Owner");AND,
WHEREAS,the Property Owner is desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,and Iowa general partnership by Michael R.Myers
Properties,Inc.,General Partner by John D.Gamble,Secretary,predecessor in title to the
Property Owner granted a StOlID Sewer and Overland Flowage Easement which was accepted by
the City of Waukee and recorded with Dallas County,Iowa in Book 2004,Page 10434 (the
"Easement");AND,
WHEREAS,the fence is intended to be erected within a portion of the Easement;AND,
WHEREAS,the Easement prohibits the Property Owner from locating any fence or other
structure within the Easement area without the written consent of the City of Waukee;AND,
WHEREAS,the City ofWankee is agreeable to the construction ofa 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 of the City of Waukee,Iowa on
this 16th 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,
William F.Peard,Mayor
Attest:
YJdUtAp.)2~
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
C.Isaiah McGee
Mike Watts
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NAY ABSENT ABSTAIN