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HomeMy WebLinkAbout2014-08-04-Resolutions 14-199_Westgate P1 Lot 7 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 14-199 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [135 SE PKACHTREE DRIVE] IN THE NAME AND BY THE AUTHQIUTY OF THE CITY OF 8'RUPEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WEKREAS,LYNDSAY A.CHILDERS,is the owner of Lot 7 in Westgate Plat 1 ("Property Owner");AND, WHEREAS,the Propeity Owner is desirous of installing a fence on the property;AND, WHEREAS,Westgate Partnership,predecessor in title to the Property Owners,granted that certain Drainage Easement,recorded in Book 820,Page 308,(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 stnxcture 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 4"day of August,2014 that the Agreement Concerning Construction of Fence in connection with the Property is hereby approved and accepted b e City of W hereby authorized to file such first amendment to as ent wit th Recorder. ukee,and the City Clerk is alias County,Iowa rian Harrison,Mayor Pro Tem Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYK X X X X NAY ABSENT ABSTAIN