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HomeMy WebLinkAbout2014-09-15-Resolutions 14-251_Brighton Park Condo Assoc - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 14-251 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [BRIGHTON PARK CONDOMINIUM ASSOCIATION] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUEEE,IONIA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,BRIGHTON PARK CONDOMINIUM ASSOCIATION,are the owners of Outlot A of Brighton Park Townhomes ("Property Owners");AND, WHEREAS,the Property Owners are desirous of installing several fence segments fence on and adjacent to the property;AND, WHEREAS,Gerald D.Grubb,Inc.,predecessor in title to the Property Owners,granted that certain Permanent Storm Sewer and Surface Water Flowage Easement,recorded in Book 1999, Page 00651S (the '"Easement");AND, WHEREAS,the fence is intended to be erected witlun 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 witlun 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 15'"day of September,2014 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 t Dallas County, Iowa Recorder. Attest: illia F.P card„Mayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYK X X X NAY ABSENT ABSTAIN X X