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HomeMy WebLinkAbout2014-03-17-Resolutions 14-067_Warrior Ridge Lot 34 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 14-067 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2050 SE OXFORD DRIVEl IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,RUSSELL ALAN &SHELIA KAY PLATT,are the owners of Lot 34 of Warrior Ridge ("Property Owners");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Tripple T Development,L.L.C.,predecessor in title to the Property Owners, granted that certain Storm Sewer and Overland Flowage Easement,dated June 25,2012, recorded on June 27,2012,in Book 2012,Page 10385 and a Public Utility Easement,dated June 25,2012,recorded on June 27,2012,in Book 2012,Page 10383 (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 ofa fence within a portion of the Easement area pursuant to the terms of the Agreement Concerning Construction ofFence. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 1ih day of March,2014 that the Agreement Conceming Construction ofFence 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. Attest: ~£fJ~ Rebecca D.Schuett,City Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Shane Blanchard X Brian Harrison X Casey L.Harvey X Shelly Hughes X Rick Peterson X