HomeMy WebLinkAbout2014-09-15-Resolutions 14-253_Fox Creek Estates P3 Lot 17 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-253
APPROVING AN AGRKKMKNT CONCERNING CONSTRUCTION OF FENCE [485
NK FOX RUN TRAIL]
IN THENAMEAND BY THEAUTHOIUTYOF THE CITY OF SAUKEE,IONIA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,MATTHEW LEE MINARD AND DEVON MARIE GILLIAN-MINARD,are the
owners of Lot 17 in Fox Creek Estates Plat 3 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Perfect Acres,L.L.C.,an Iowa limited liability company,predecessor in title to the
Property Owners,granted that certain Public Overland Flowage Fasement,recorded in Book
2013,Page 6506,and granted that certain Public Utility Easement,recorded in Book 2013,Page
6504 (collectiveiy 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 witliin a portion of
the Easement area pursuant to the terms of the Agreement Concerning Construction of Fence.
NOW THEREFORE BK IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 15'"day of September,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 t Dallas County,
Iowa Recorder.
Attest:
illiam .P ard,Mayor
Rebecca D,Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
NAY ABSENT ABSTAIN
X
X