HomeMy WebLinkAbout2015-03-16-Resolutions 15-081_Windfield II P3 Lot 12 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-081
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [790
SE FINCH CIRCLE]
IN THE NAME AND BYTHEA UTHORITY OF THE CITY OF 8'A USE,IO8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JARED C.AND tu TIE E.SELL,are the owners of Lot 12 in Windfield II Plat 3
("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Windfield Development II,LC,an Iowa limited liability company,predecessor in
title to the Property Owners,granted that certain Surface Water Flowage Easement,recorded in
Book 2005,Page 16396,and the certain Public Utility Easement,recorded in Book 2005,Page
16398 (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 16'"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.
illia F.card,M or
Attest
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
X
X
NAY ABSENT ABSTAIN