HomeMy WebLinkAbout2014-05-19-Resolutions 14-128_Parkview Crossing P10 Lot 10 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-128
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1675
SE WATERS EDGE 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,BENJAMIN C.AND JACQUELINE E.INBODY,are the owners of Lot 10 in
Parkview Crossing Plat 10 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Jerry's Homes,Inc.,predecessor in title to the Property Owner,granted that certain
Public Overland Flowage Easement,dated August 15,2011,recorded on September 27,2011,in
Book 2011,Page 12415,and granted that certain Public Utility Easement,dated December 15,
2004,recorded on January 4,2005,in Book 2005,Page 168 (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 Concerning Construction ofFence.
NOW THEREFORE BE IT RESOL YED by the City Council of the City of Waukee,Iowa on
this 19th day of May,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 Da County,Iowa
Recorder.
Attest:lJJdUutp~
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
NAY ABSENT ABSTAIN
X
X
X
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