HomeMy WebLinkAbout2014-04-07-Resolutions 14-089_Grant Park Lot 85 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-089
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2000
SE FLORENCE 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,JASON R.AND MIAH J.BAUM,are the owners of Lot 85 of Grant Park
("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,KE Brewer,L.L.c.,an Iowa limited liability company,predecessor in title to the
Property Owners,granted that certain Overland Flowage Easement,dated August 5,2005,
recorded on August 9,2005,in Book 2005,Page 12738,and the certain Public Utility Easement,
dated August 5,2005,recorded on August 9,2005,in Book 2005,Page 12735 (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:~p~uUwht_
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN