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HomeMy WebLinkAbout2016-10-17-Resolutions 16-455_Southfork Woods Lot 9 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-455 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [800 SE WILLOW CIRCLE] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF 8'A UKEE,IOIYA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,TRUSHAR k FALGUNI SHUKLA,are the owners of Lot 9 in Southfork Woods ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Kohle Development,LC,predecessor in title to the Property Owner,granted that certain Storm Sewer Easement,recorded in Book 1999,Page 6190,and that certain Public Sidewalk Easement,recorded in Book 1999,Page 6190,(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 17'"day of October,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 ith the Dallas County, Iowa Recorder. W liam F.Peard,Mayor Attest Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN