HomeMy WebLinkAbout2015-07-06-Resolutions 15-219_Willow Brook P1 Lot 19 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-219
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [890
SK WILLOWBROOK DRIVE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF 8'AUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,AUSTIN R.ROY AND MARY G.LEWIS,are the owners of Lot 19 in Willow
Brook Plat 1 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,EASTPARK DEVELOPMENT,L.L.C.,predecessor in title to the Property
Owner,granted that certain Storm Sewer and Overland Flowage Easement,recorded in Book
2003,Page 22376,and that certain Overland Flowage Easement,recorded in Book 2003,Page
22377 (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 BK 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 County,Iowa
Recorder.
illiam .Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane B1anchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
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NAY ABSENT ABSTAIN
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