HomeMy WebLinkAbout2015-08-17-Resolutions 15-277_Windfield II P4 Lot 43 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-277
APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE [435
SE CARDINAL LANK]
JN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IO IYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JOEL AND SPRING HENRY,are the owners of Lot 43 in Windfield II Plat 4
("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Windfield Development II,LC,predecessor in title to the Property Owner,granted
that certain Storm Drainage Easement,recorded in Book 2005,Page 3417,and that certain
Public Utility Easement,recorded in Book 2005,Page 3414,and that certain Storm Sewer
Easement,recorded in Book 2005,Page 3418,(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 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 'th the Dallas County,
Iowa Recorder.
illiam .Peard,Mayo
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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