HomeMy WebLinkAbout2016-09-06-J01V Accessory Building Agr_785 SE Bobwhite Ln AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: September 6, 2016
AGENDA ITEM: Consideration of approval of a resolution approving an Agreement
Concerning Construction of Accessory Building [785 SE Bobwhite
Lane].
FORMAT: Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The owners of property located at 785 SE
Bobwhite Lane desire to place a small utility shed within the back yard
within a portion of a public utility easement that includes a gas main.
Staff has reviewed the proposed accessory building location and feels
comfortable that the proposed building will not adversely impact the
easement area. The gas main itself is offset from the easement and the
building should not impact the need in the future to do any repairs or
maintenance on the main. Staff is agreeable to allowing the accessory
building with the understanding that if it becomes a problem with
maintaining the easement, then it will be at the property owner’s expense
to move the building out of the easement.
The attached Agreement specifies the property owner’s maintenance
responsibilities and requirements for removing the building in the future
if required by the City. This document will be recorded with Dallas
County and become a part of the official records for this property and
will remain fully enforceable should the property sell in the future.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff would recommend approval of the Agreement
Concerning Construction of Accessory Building.
RECOMMENDATION: Approve the Resolution
ATTACHMENTS: I. Proposed Resolution
II. Agreement
PREPARED BY: Brad Deets, Development Services Director
THE CITY OF WAUKEE, IOWA
RESOLUTION 16-
APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF ACCESSORY
BUILDING [785 SE BOBWHITE LANE]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, WILLIAM AND LINDA PEARD, are the owners of Lot 86 in Windfield II Plat 55
(“Property Owner”); AND,
WHEREAS, the Property Owners are desirous of installing an accessory building on the
property; AND,
WHEREAS, Windfield Development II, LC, an Iowa limited liability company, predecessor in
title to the Property Owner, granted that certain Public Utility Easement, recorded in Book 2005,
Page 19469, (the “Easement”) AND,
WHEREAS, the accessory building is intended to be erected within a portion of the Easement;
AND,
WHEREAS, the Easement prohibits the Property Owners from locating any 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 an accessory building 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 6th day of September, 2016 that the Agreement Concerning Construction of Accessory
Building 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 agreement with the Dallas County,
Iowa Recorder.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
Brian Harrison
Shelly Hughes
Larry R. Lyon
Rick Peterson