HomeMy WebLinkAbout2013-10-21-Resolutions 13-269_Westown Meadows P1 Lot 5 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-269
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2350
SE FLORENCE DRIVE 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,ROBERT T.AND HEATHERM.BAKKER,are the owners of Lot 5 of West own
Meadows Plat 1 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,ARAC,LLC,an Iowa limited liability company,predecessor in title to the
Property Owners granted an Overland Flowage Easement which was accepted by the City of
Waukee and recorded with Dallas County,Iowa in Book 2013,Page 321,and a Public Utility
Easement which was accepted by the City of Waukee and recorded with Dallas County,Iowa in
Book 2013,Page 317 (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 of'Fencc.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 21't day of October,2013 that the Agreement Conceming Construction of Fence in
connection with the Property is hereby approved and accepted by the City ofWankee,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:
~Rb~
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Casey L.Harvey X
Shelly Hughes X
C.Isaiah McGee X
Mike Watts X