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HomeMy WebLinkAbout2015-01-05-Resolutions 15-010_Westown Meadows P2 Lot 38 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION I5-010 APPROVING AN AGREKMKNT CONCERNING CONSTRUCTION OF FENCE [2370 SK WILLOWBROOK DRIVE] IN THE NAME AND BY THE A UTHOMTY OF THE CITY OF 8'A UEEE,I08'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,BRIAN AND BREANNE KLEMME,are the owners of Lot 3 8 in Westown Meadows Plat 2 ("Property Owners");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,ARAC,L.L.C.,an Iowa limited liability company,predecessor in title to the Property Owners,granted that certain Public Overland Flowage Easement,recorded in Book 2013,Page 22467 (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,tbe 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 tins 5'"day of January,2015 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 the Dallas ounty,Iowa Recorder. illiam .Peard,M or 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 X NAY ABSENT ABSTAIN