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HomeMy WebLinkAbout2019-05-06-Resolutions 19-169_Parkview Crossing Lot 9 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 19-169 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1415 SE PRIMROSE DRIVE] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEF.,JO IYA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,KYLENE K.AND CODY G.SIMPSON,are the owners of Lot 9 of Park View Crossing ("Property Owners");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Gerald D.Grubb and Nancy A.Grubb,predecessor in title to the Property Owners, granted that certain Drainage Easement,dated June 4,1999,recorded on June 10,1999,in Book 1999,Page 006515 (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 6'"day of May,2019 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 D y,Iowa Recorder. R.harles Bottenberg,Mayor Pro Tem Attest Rebecca D.Schuett,City Clerk RESULTS OF VOTE Anna Bergman R.Charles Bottenberg Courtney Clarke Shelly Hughes Larry R.Lyon AYK X X X X X NAY ABSENT ABSTAIN