HomeMy WebLinkAbout2015-05-18-Resolutions 15-154_Grant Park P2 Lot 34 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-154
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2085
SE WILLOWBROOK DRIVE]
IN THENAMEAND BYTHEAUTHORITYOF THE CITYOF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JOSEPH W.AND BRIANNE N.DAY,are the owners of Lot 34 in Grant Park
Plat 2 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,KE Brewer,L.L.C.,an Iowa limited liability company and KNC,L.L.C,,and Iowa
limited liability company,predecessors in title to the Property Owner,granted that certain
Overland Flowage Easement,recorded in Book 2008,Page 332,(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 18 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.
illi F.Peard,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
X
NAY ABSENT ABSTAIN