HomeMy WebLinkAbout2015-08-17-Resolutions 15-279_Westown Meadows P2 Lot 26 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-279
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2350
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IN THE NAMEAND BY THEA UTHORITY OF THE CITY OF WAUKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,PATRICK S.AND SARAH L.RUTLEDGE,are the owners of Lot 26 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 Sewer Easement,recorded in Book 2013,Page
22472,(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 17"'day of August,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.
lli F.card,May r
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