HomeMy WebLinkAbout2014-04-07-Resolutions 14-091_Williams Pointe P10 Lot 10 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-091
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [400
SE WACO PLACE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,COLE T.TAGGART AND ANNA M.SCHULTZ,are the owners of Lot 10 of
Williams Pointe Plat 10 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Williams Pointe Development II,L.C.,an Iowa limited liability company,
predecessor in title to the Property Owners,granted that certain Overland Flowage Easement,
dated May 2,2006,recorded on June 16,2006,in Book 2006,Page 9462,and the certain Public
Utility Easement,dated May 2,2006,recorded on June 16,2006,in Book 2006,Page 9458
(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 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 of the Agreement Concerning 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 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:
~ffJ6Uw;bj
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