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HomeMy WebLinkAbout2015-12-21-Resolutions 15-437_Brookridge P1 Lot 11 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 15-437 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [320 NE BROOKRIDGE COURT] JNTHENAMEAND BYTHEAUTHORITYOF THE CITYOF WAUKEE,IO8'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,NATHAN J.AND ASHLEY N.PAUL,are the owners of Lot 11 in Brookridge Plat I ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,J Dev L.L.C.,an Iowa limited liability company,predecessor in title to the Property Owner,granted that certain Public Overland Flowage Easement,recorded in Book 2015,Page 350,(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 21"day of December,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 w'the Dallas County, Iowa Recorder. Attest illi F.P card,Mayor 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