HomeMy WebLinkAbout2015-07-06-Resolutions 15-221_Westown Meadows P2 Lot 19 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-221
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [520
SE WILDFLOWER DRIVE]
IN THE NAME AND BY THE A UTHOBITY OF THE CITY OF WA UKEE,IOIVA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,GARY SCOTT OSWALD AND LYNN ANN OSWALD,are the owners of Lot
19 in Westown Meadows Plat 2 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,ARAC,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 22467,and that certain Public Storm Utility Easement,recorded in Book 2013,Page
22466,(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 6'"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 ounty,Iowa
Recorder.
illiam .card,Mayor
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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