HomeMy WebLinkAbout2014-04-21-Resolutions 14-099_Painted Woods P2 Lot 34 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-099
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [360
INDIAN RIDGE 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 orgauized Municipal
Organization;AND,
WHEREAS,BEN AND MINDY DOW,are the owners of Lot 34 of Painted Woods Plat 2
("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Painted Woods Development Company Joint Venture,predecessor in title to the
Property Owners,granted that certain Surface Water Flowage Easement,dated August 29,2006,
recorded on March 20,2007,in Book 2007,Page 4326 (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 Concerning Construction ofFence.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 21 st day of April,2014 that the Agreement Concerning Construction of Fence 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:
1JdUuI1·~
Rebecca D.Schuett;cit)fClerl(
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN