HomeMy WebLinkAbout2015-10-05-Resolutions 15-340_Fox Creek Estates P4 Lot 14 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-340
APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE [310
NK FOX RUN TRAIL]
INTHENAMEANDBYTHEAUTHOR/TYOF THECITYOF WAUKEE,IOIYA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JASON AND JULIE PRINGLE,are the owners of Lot 14 in Fox Creek Estates
Plat 4 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Perfect Acres,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 15406,and that certain Public Utility Easement,recorded in Book 2013,Page 15402,
(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 5"day of October,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 wit e Dallas County,
Iowa Recorder.
Attest;
illiam .Peard,Mayor
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
AYE
X
X
X
NAY ABSENT ABSTAIN