HomeMy WebLinkAbout2014-05-19-Resolutions 14-127_Stone Prairie P2 Lot 13 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-127
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [215
SE TRILLIUM DRIVE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JEFFREY L.AND DEBORAH S.PIERCE,are the owners of Lot 13 in Stone
Prairie Plat 2 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Diligent Stone Prairie,LLC,predecessor in title to the Property Owners,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 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 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 Dallas ounty,Iowa
Recorder.
Attest:
LfJA1lMI JJ ~
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
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