HomeMy WebLinkAbout2015-09-08-Resolutions 15-300_Westown Meadows P1 Lot 9 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-300
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2390
SE FLORENCE DRIVE]
1N THE NAME AND BY THE A UTHORITY OF THE C1TY OF IYA UKEE,10IYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,LANCE C.AND MEIGHAN E.PHILLIPS,are the owners of Lot 9 in Westown
Meadows Plat I ("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 321,and that certain Public Utility Easement,recorded in Book 2013,Page 317,and
that certain Public Storm Sewer Easement,recorded in Book 2013,Page 320 (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 gra day of September,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.
Attest:
illia .Pea d,ayor
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYK
X
X
X
X
NAY ABSENT ABSTAIN
X