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HomeMy WebLinkAbout2017-04-03-Resolutions 17-183_Stone Prairie P2 Lot 19 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 17-183 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [125 SE TRILLIUM DRIVE] IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF O'AUKEE,IOIYA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,JASON T.ALLEN Ri KAITLYN VAN LAERE,are the owners of Lot 19 in Stone Prairie Plat 2 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Diligent Stone Prairie,LLC,an Iowa corporation,predecessor in title to the Property Owner,granted that certain Public Storm Sewer P.Overland Flowage Easement, recorded in Book 2013,Page 15593,and that certain Public Overland Flowage Easement, recorded in Book 2013,Page 15592,(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 3'"day of April,2017 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. illiam .Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg rrison Shelly Hughes Larry R.Lyon AYE X X X NAY ABSENT ABSTAIN X