HomeMy WebLinkAbout2014-06-16-Resolutions 14-160_Westgate P4 Lot 4 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-160
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [510
SE WESTGATE 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,TRAVIS D.AND PAMELA J.CHERRY,are the owners of Lot 4 in Westgate
Plat 4 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,an Iowa general partnership,predecessor in title to the
Property Owners,granted that certain Public Utility and Drainage Easement,dated July 24,
2001,recorded on April 5,2002,in Book 2002,Page 4586 (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 tenus of the Agreement Concerning Construction ofFence.
NOW THEREFORE BE IT RESOL YED by the City Council of the City of Waukee,Iowa on
this 16th day of June,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 County,Iowa
Recorder.
Attest:
~p.~
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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