HomeMy WebLinkAbout2016-05-16-Resolutions 16-197_Brentwood Lot 38 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-197
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1170
SK BRENTWOOD DRIVE]
IN THE NAME AND BY THEA UTHORITYOF THE CITY OF 8'AUKEE,IONA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,NICK &JULIE IRLMEIER,are the owners of Lot 38 in Brentwood ("Property
Owner");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Brentwood,LLC,an Iowa limited liability company,predecessor in title to the
Property Owner,granted that certain Surface Water Flowage Easement,recorded in Book 1999,
Page 010027,(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 16"day of May,2016 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 Dalla ounty,Iowa
Recorder.
illiam .Peard,Mayor
Attest:
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
AYE
X
X
X
X
NAY ABSENT ABSTAIN
X