HomeMy WebLinkAbout2016-06-06-Resolutions 16-240_Westgate P7 Lot 12 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA
RESOLUTION 16-240
APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE [525
SE MURPHY DRIVE]
IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF 8'AUKEE,IOV'A
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,GREG A.HUMPAL &TESSA KIRSCH,are the owners of Lot 12 in Westgate
Plat 7 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,and Iowa general partnership,predecessors 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,and that certain Storm Sewer Easement,recorded in Book 2004,Page
16132,(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 BK IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 6"day of June,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 Dallas C ty,Iowa
Recorder.
Attest:
Rebecca D.Schuett,City Clerk
illiam .Pear,Mayor
ROLL CALL VOTE
Brian Harrison
Shelly Hughes
Larry R.Lyon
Rick Peterson
VACANT SEAT
AYE
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NAY ABSENT ABSTAIN
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