HomeMy WebLinkAbout2013-10-21-Resolutions 13-270_Willow Brook P1 Lot 11 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-270
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [770
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,STEPHEN J.FRENCH AND NATALIE A.RIES,are the owners of Lot 11 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.,and 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 2003,Page 22377 (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 ofthe 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 oftbe Agreement Concerning Constrnction ofFence.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 21"day of October,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:j/AMMA£JJM-
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