HomeMy WebLinkAbout2014-04-21-Resolutions 14-100_Stone Prairie P2 Lot 18 - Fence Construction AgrTHE CITY OF WAUKEE,row A
RESOLUTION 14-100
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [135
SE TRILLIUM DRIVE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ROBERT BELL,is the owner of Lot 18 of Stone Prairie Plat 2 ("Property
Owners")'AND,,
WHEREAS,the Property Owner is desirous of installing a fence on the property;AND,
WHEREAS,Diligent Stone Prairie,LLC,predecessor in title to the Property Owner,granted
that certain Public Overland Flowage Easement,dated May 19,2013,recorded on August 20,
2013,in Book 2013,Page 15592 (the "Easement");AND,
WHEREAS,the fence is intended to be erected within a portion of the Easement;AND,
WHEREAS,the Easement prohibits the Property Owner 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 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 Co ty,Iowa
Recorder.
Attest:
~I~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