HomeMy WebLinkAbout2015-03-02-Resolutions 15-064_Westgate P4 Lot 19 - Fence Construction AgrTHE CITY OF WAUIME,IOWA
RESOLUTION 15-064
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [545
SE CRABAPPLK DRIVE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAU~E,IOWA
WHEREAS,the City of Waukee,Dallas County,State of iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JOSEPH J.MCGOWAN,is the owner of Lot 19 in Westgate Plat 4 ("Property
Owners");AND,
WHEREAS,the Property Owner is desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,an Iowa general partnership,predecessor in title to the
Property Owner,granted that certain Public Utility and Drainage Easement,recorded in Book
2002,Page 4586 (collectively the "Easement");AND,
WHEREAS,the fence is intended to be erected within a portion of the Easement;AND,
WHKREA.S,the Easement proliibits the Property Owner 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 BK 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 Dallas ounty,Iowa
Recorder,
illiai F.Peard,May r
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian HaiTison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
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NAY ABSENT ABSTAIN