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HomeMy WebLinkAbout2014-10-20-Resolutions 14-293_Hawthorne Ridge P1 Lot 15 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 14-293 APPROVINC AN AGRKKMKNT CONCERNING CONSTRUCTION OF FKNCK [SQQ SK PLIJNIWOOD DRIVE] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WA USE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHKRKAS,BRIAN C.AND ANGELA M.TESSAU,are the owners of Lot 15 in Hawthorne Ridge Plat 1 ("Property Owners");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,JKI&Partners,an Iowa corporation,predecessor in title to the Property Owners, granted that certain Surface Water Flowage Easement,recorded in Book 849,Page 442 (the "Easement");AND, WHKRKAS,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, WHKRKAS,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 THKRKFORK BK IT RESOLVED by the City Council of the City of Waukee,Iowa on this 20'"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 tbe City Clerk is hereby authorized to file such first amendment to easement with the Dallas County, Iowa Recorder. Attest: illiam .Peard,Mayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYK X NAY ABSENT ABSTAIN