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HomeMy WebLinkAbout2016-12-19-Resolutions 16-533_Glynn Village P8 Lot 88 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-533 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1945 BRODIE STREET] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A UKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,ROBERT L.DANIELS k TAYLOR M.DANIELS,are the owners of Lot 88 in Glynn Village Plat 8 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Hubbell Metropolitan Development Fund I,LLC,an Iowa limited liability company,and Hubbell Realty Company,an Iowa corporation,predecessors in title to the Property Owner,granted that certain Storm Sewer k Surface Water Flowage Easement,recorded in Book 2014,Page 12463,(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 siructure 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 19'"day of December,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 County, Iowa Recorder. Ilia .Peard,May 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 NAY ABSENT ABSTAIN