HomeMy WebLinkAbout2014-04-07-Resolutions 14-090_Grace Wood Lot 1 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-090
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [35 NE
GRACEWOOD 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,MlCHAEL J.AND JANELLE S.LEATHERMAN,are the owners of Lot 1 of
Gracewood ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Grace Wood Joint Venture,predecessor in title to the Property Owners,granted
that certain Surface Water Flowage Easement,dated June 28,2005,recorded on August 1,2005,
in Book 2005,Page 12030,and the certain Storm Sewer Easement,dated July 20,2005,recorded
on August 1,2005,in Book 2005,Page 12032 (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 of the City of Waukee,Iowa on
this 7'h day of April,2014 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.
Attest:
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Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
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NAY ABSENT ABSTAIN