HomeMy WebLinkAbout2014-08-04-Resolutions 14-201_Willow Brook P3 Lot 3 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-201
APPROVING AN AGRKEMKNT CONCERNING CONSTRUCTION OF FENCE [760
SK WKSTGATK DRIVE]
IN THE NAME AND BY THE A UTHOMTY OF THE CITY OF WA UKEE,IONIA
WHEREAS,the City of Waukee,Dallas Coimty,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JOSHUA CONLEY,is the owner of Lot 3 in Willow Brook Plat 3 ("Property
Owner");AND,
WHEREAS,the Property Owner is desirous of installing a fence on the property;AND,
WHEREAS,Eastpark Development,Inc.,an Iowa corporation,predecessor in title to the
Property Owner,granted that certain Overland Flowage Easement,dated October 11,2004,
recorded on October 21,2004,in Book 2004,Page 16662 and a Public Utility Easement,dated
July 18,2005,rcorded on July 27,2005 in Book 2005 Page 11771 (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 witliin 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.
hereby authorized to file such first amendment to eas nt with the
Recorder.
as County,Iowa
NOW THEREFORE BK IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 4'"day of August,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
D 11
B Pro TanHarrison,ayor em
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYK
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NAY ABSENT ABSTAIN