HomeMy WebLinkAbout2014-09-15-Resolutions 14-252_Willow Brook P1 Lot 26 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 14-252
APPROVING AN AGRKKMKNT CONCERNING CONSTRUCTION OF FENCE [990
SK WILLOWBROOK DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UJ:EE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,PAUL T.AND ALLYSON C.KENDRICK,are the owners of Lot 26 in Willow
Brook Plat 1 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Eastpark Development,L.L.C.,an Iowa limited liability company,predecessor in
title to the Property Owners,granted that certain Storm Sewer and.Overland Flowage Easement,
recorded in Book 2003,Page 22376,and granted that certain Overland Flowage Easement,
recorded in Book 2003,Page 22377 (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 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 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 e Dallas County,
Iowa Recorder.
Attest:
illiam F.Peard,ayor
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