HomeMy WebLinkAbout2014-08-18-Resolutions 14-216_Clayton Commons P1 Lots 3-4 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-216
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [740
7TH STREET]
IN THE NAME AND BY THE A UTHOMTY OF THE CITY OF 8'A UICEE,IO8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,RYAN T.AND JANE M.BEATTIE,are the owners of Lots 3 and 4 in Clayton
Commons Plat 1 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,City of Waukee,a municipal corporation,predecessor in title to the Property
Owners,granted that certain Public Surface Water Flowage Easement,recorded in Book 2009,
Page 18373,and granted that certain Public Storm Sewer Easement,recorded in Book 2009,
Page 19374,and granted that certain Public Utility Easement,recorded in Book 2009,Page
18372 (collectively the "Easement");AND,
WHEREAS,the fence is intended to be erected within a portion of the Easement;AND,
WHEREAS,the Easement prolubits 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 18"'day of August,2014 that the Agreement Concerning Construction of Fence in
connection with the Property is hereby approved and accepted by the Ci of Waukee,and the
City Clerk is hereby authorized to file such first amend ent to eas e t ith the Dallas County,
Iowa Recorder.
illia F.Peard,M yor
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