HomeMy WebLinkAbout2014-03-17-Resolutions 14-066_Fox Creek Estates P3 Lot 20 - Fence Construction AgrTHE CITY OF WAUKEE,lOW A
RESOLUTION 14-066
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [460
NE FOX RUN TRAIL]
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,HARRY AND VICTORIA ROSSANDER,are the owners of Lot 20 of Fox Creek
Estates Plat 3 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Perfect Acres,L.L.C.,predecessor in title to the Property Owners,granted that
certain Public Overland Flowage Easement,dated December 12,2012,recorded on April 9,
2013,in Book 2013,Page 6506,and the certain Public Utility Easement,dated December 12,
2012,recorded on April 9,2013,in Book 2013,Page 6504 (collectively the "Easement");AND,
WHEREAS,the fence is intended to be erected within a portion ofthe 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 17th day of March,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 unty,Iowa
Recorder.
Attest:
~£P.JJcJwil;f
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Brian Harrison X
Casey L.Harvey X
Shelly Hughes X
Rick Peterson X