HomeMy WebLinkAbout2014-09-15-Resolutions 14-254_Westgate P4 Lot 25 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-254
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [795
SK MKLROSE DMVK]
IN THE NAME AND BYTHE A UTHOIUTY OF THE CITY OF WA UEEE,IONIA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,BRADLEY AND MAGGIE MILLER,are the owners of Lot 25 in Westgate Plat 4
("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHERKAS,Westgate Partnership,an Iowa general partnership,predecessor in title to the
Property Owners,granted that certain Overland Flowage and Storm Sewer Easement,recorded in
Book 2002,Page 4588,and granted that certain Public Utility Easement,recorded in Book 2002,
Page 4587 (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 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.
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 wit the Dallas County,
Iowa Recorder.
Attest:
illiam .Pear,Mayo
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYK
X
ABSENT ABSTAIN