HomeMy WebLinkAbout2015-09-21-Resolutions 15-323_Windfield II P5 Lot 48 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-323
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [860
SE DEERFIELD LANKJ
JN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A UKEE,108'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,BRIAN S.AND JENNIFER L.MARTS,are the owners of Lot 48 in Windfield II
Plat 5 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Windfield Development II,LC,an Iowa limited liability company,predecessor in
title to the Property Owner,granted that certain Surface Water Flowage Easement,recorded in
Book 2005,Page 16396,and that certain Public Utility Easement,recorded in Book 2005,Page
16398,(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 21"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:
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Rebecca D.Schuett,City Clerk
illiam .Peard,Mayo
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Casey L.Harvey
Shelly Hughes
Rick Peterson
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NAY ABSENT ABSTAIN