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HomeMy WebLinkAbout2015-03-16-Resolutions 15-080_Windfield II P5 Lot 66 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 15-080 APPROVING AN AGRKKMKNT CONCKRNING CONSTRUCTION OF FENCE [860 SK BOBWHITE LANK] IN THE NAME AND BY THE A UTHOMTY OF THE CITY OF WA UKEE,IOP'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, 'WHEREAS,MARK AND ROAYLE ANDREWS,are the owners of Lot 66 in Windfield II Plat 5 ("Property Owners");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Windfield Development II,LC,,and Iowa limited liability corporation,predecessor in title to the Property Owners,granted that certain Surface Water Flowage Easement,recorded in Book 2005,Page 19468 and that certain Public Utility Easement,recorded in Book 2005,Page 19469 (collectively the "Easement");AND, WHEREAS,the fence is intended to be erected within a portion of the Easement;AND, WHEREAS,the Easement prohibits the Propeity 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 constmction of a fence within a portion of the Easement area pursuant to the teiTns of the Agreement Concerning Construction of Fence. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 16'"day of March,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 unty,Iowa Recorder. illia F.Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian HaiTison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X ABSENT ABSTAIN X