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HomeMy WebLinkAbout2017-07-24-Resolutions 17-349_Williams Pointe P6 Lot 1 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 17-349 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1135 SE BLUEGRASS CIRCLE] INTHENAMEANDBYTHEAUTHORITYOF THE CITYOF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,BRIAN A.&DIANE C.AHRENKIEL,are the owners of Lot 1 in Williams Pointe Plat 6 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Williams Turf Farm,Inc.,an Iowa corporation,predecessor in title to the Property Owner,granted that certain Overland Flowage Easement,recorded in Book 2004,Page 16169, (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 24"day of July,2017 that the Agreement Concerning Construction of Fence in connection with the Property is hereby approved and accepted by the City of Waukee,and ttte City Clerk is hereby authorized to file such first amendment to easement with the D las County,Iowa Recorder. Wi am F.card,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X NAY ABSENT ABSTAIN