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HomeMy WebLinkAbout2018-09-17-Resolutions 18-386_Williams Pointe P6 Lot 27 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 18-386 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [995 SE BLUEGRASS CIRCLE] IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,IO8'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,KIMBERLY KOCER,is the owner of Lot 27 in Williams Pointe Plat 6 ("Property Owner");AND, WHEREAS,the Property Owner is desirous of installing a fence on the property;AND, WHEREAS,Williams Turk Farms,Inc.,an Iowa corporation,predecessors in title to the Property Owner,granted that certain Overland Flowage Easement,recorded in Book 2004,Page 16169,and that certain,Public Utility Easement,recorded in Book 2004,Page 18437 (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 September,2018 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 easeme t with the Dallas County, I R d iam F.a d,yor Attest: Rebecca D.Schuett,City Clerk RESULTS OF VOTE: Anna Bergman R.Charles Bottenberg Courtney Clarke Shelly Hughes Larry R,Lyon AYE X X X X NAY ABSENT ABSTAIN