HomeMy WebLinkAbout2015-05-04-Resolutions 15-133_Windfield II P5 Lot 15 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-133
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [675
SE WHITKTAIL LANE]
INTHENAMEANDBYTHEAUTHORITYOF THE CITYOF WAUKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,CALEB AND SARA CORK,are the owners of Lot 15 in Windfield 11 Plat 5
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Windfield Development II,L.C.,and Iowa limited liability company,predecessor
in title to the Property Owners,granted that certain Surface Water Flowage Easement,recorded
in Book 2005,Page 19468,and that certain Public Utility Easement,recorded in Book 2005,
Page 19469 (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 4'"day of May,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.
li F.card,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
X
X
X
NAY ABSENT ABSTAIN