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HomeMy WebLinkAbout2015-07-20-Resolutions 15-239_Williams Pointe P6 Lot 12 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 15-239 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1030 SE BLUEGRASS CIRCLE] IN THE NAMEAND BYTHEAUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,DAVE TOMLIN,is the owner of Lot 12 in Williams Pointe Plat 6 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,WILLIAMS TURF FARMS,INC.,an Iowa corporation,predecessor in title to the Property Owner,granted that certain Storm Sewer and Overland Flowage Easement,recorded in Book 2004,Page 16168 and that certain Public Utility Easement recorded in Book 2004,Page 16171,(collectively 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,the 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 BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 20'"day of July,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 County,Iowa Recorder. Rick Pete n,Mayor Pro Tem Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X NAY ABSENT ABSTAIN X