HomeMy WebLinkAbout2014-05-19-Resolutions 14-144_Windfield II P5 Lot 35 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-144
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [800
SE HUMMINGBIRD CIRCLE]
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,NEAL A.VENDERLEEST,is the owner of Lot 35 in Wind:field II Plat 5
("Property Owner");AND,
WHEREAS,the Property Owner is desirous of installing a fence on the property;AND,
WHEREAS,Wind:field Development II,L.C.,predecessor in title to the Property Owner,
granted that certain Surface Water Flowage Easement,dated August 16,2005,recorded on
November 15,2005,in Book 2005,Page 19468,and a Public Utility Easement,dated August 18,
2005,recorded on November 15,2005,in Book 2005,Page 19469 (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 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 19th day of May,2014 that the Agreement Concerning Construction ofFence in connection
with the Property is hereby approved and accepted by the City ofWau ee,and the City Clerk is
hereby authorized to :file such :first amendment to easem t with the alIas ounty,Iowa
Recorder.
Attest:
~t2~
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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