HomeMy WebLinkAbout2016-04-18-Resolutions 16-142_Willow Brook P4 Lot 9 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-142
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [940
SE WESTGATE 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,MICHAEL ENGLER AND ANNA SCHROEDER,are the owners of Lot 9 in
Willow Brook Plat 4 ("Property Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Easipark Development,Inc,an Iowa corporation,predecessor in title to the
Property Owner,granted that certain Storm Sewer and Sanitary Sewer Easement,recorded in
Book 2005,Page 16606,and Donald Allen and Dorothy Allen Rowe,predecessor in title to the
Property Owner granted a Water Main and Gas Main Easement,recorded in Book 651,Page
395-397,(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 18 day of April,2016 that the Agreement Concerning Construction of Fence in connection
with the Property is hereby approved and accepted by the City of Waukee,an he City Clerk is
hereby authorized to file such first amendment to easem with the D s o ty,Iowa
Recorder.
illiam F.Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
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NAY ABSENT ABSTAIN