HomeMy WebLinkAbout2015-03-02-Resolutions 15-063_Fox Creek Estates P3 Lot 18 - Fence Construction AgrTHE CITY OF WAUIME,IOWA
RESOLUTION 15-063
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [480
NK FOX RUN TRAIL]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF IVX UEEF.,IOIVA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Orgaiiization;AND,
WHEREAS,JUSTIN M.AND BROOKE S.WILLE,are the owners of Lot 18 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 Easement,recorded in Book
2013,Page 6506 and the certain Public Utility Easement,recorded in Book 2013.Page 6504
(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 witliin 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 2"day of March,2015 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 the Da as County,Iowa
Recorder.
illi n .Peard,ayor
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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ABSENT ABSTAIN