HomeMy WebLinkAbout2014-07-21-Resolutions 14-187_Grant Park P2 Lot 37 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-187
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1995
SK WILLOWBROOK DRIVE]
IN THE NAME AND BY THE A UTHOMTY OF THE CITY OF PVA USE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,TODD B.AND ERICA S.MCGOWAN,are the owners of Lot 37 in Grant Park
Plat 2 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,KE Brewer,L.L,C.,an Iowa limited liability company and KNC,L.L,C.,an Iowa
limited liability company,predecessors in title to the Property Owners,granted that certain
Overland Flowage Easement,dated December 14,2007,recorded on January 9,2008,in Book
2008,Page 332 (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 of Fence.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 21"day of July,2014 that the Agreement Concerning Construction of Fence 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.
illiam .Peard,Mayor
Attest;
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYK
X
X
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X
NAY ABSENT ABSTAIN