HomeMy WebLinkAbout2015-07-20-Resolutions 15-241_Fox Creek Estates P4 Lot 15 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-241
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [300
NE FOX RUN TRAIL]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF IYA UEEE,IO 8'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JOSHUAR AND DEBRA STRAW,are the owners of Lot 15 in Fox Creek Estates
Plat 4 ("Property Owner");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 Owner,granted that certain Public Overland Flowage Easement,recorded in Book
2013,Page 15406,and that certain Public Utility Easement,recorded in Book 2013,Page 15402,
(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 20"day of July,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 County,Iowa
Recorder.
Rick Pete on,Mayor Pro Tem
Attest;
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
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NAY ABSENT ABSTAIN
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