HomeMy WebLinkAbout2015-11-02-Resolutions 15-379_Westgate P7 Lot 11 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 15-379
APPROVING AN AGREKMKNT CONCERNING CONSTRUCTION OF FENCE [575
SK MURPHY DRIVE]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,DUSTIN D.ALVINE &KAITLIN K.MOULIN,are the owners of Lot 11 in
Westgate Plat 7 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,an Iowa general partnership,predecessor in title to the
Property Owner,granted that certain Storm Sewer and Overland Flowage Easement,recorded in
Book 2004,Page 10434,and that certain Detention and Overland Flowage Easement,recorded
in,Book 2004,Page 10436,(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 2"day of November,2015 that the Agreement Concerning Consiruction 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 the 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
AYK
X
NAY ABSENT ABSTAIN
X