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HomeMy WebLinkAbout2014-10-06-Resolutions 14-268_Stone Prairie P3 Lot 9 - Fence Construction AgrTHE CITY OF WAUIME,IOWA RESOLUTION 14-268 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2525 SK STONE PRAIRIE DRIVE] IN THE NAME AND BY THE AUTHORITYOF THE CITY OF WAUICEE,IONIA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,MATTHEW C.AND MARY HICKENBOTTOM,are the owners of Lot 9 in Stone Prairie Plat 3 ("Property Owners");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Diligent Stone Prairie,LLC,predecessor in title to the Property Owners,granted that certain Public Overland Flowage Easement,recorded in Book 2014,Page 415 (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 witlun 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 fo 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 6'"day of October,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: illiam F.Peard,ayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X X NAY ABSENT ABSTAIN