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HomeMy WebLinkAbout2015-12-07-Resolutions 15-412_Prairie Crossing P5 Lot 5 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 15-412 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [555 NE TRAVERSE DRIVE] IN THE NAME AND BY THE A IITHORITY OF THE CITY OF WA UKEE,IO8'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,GREGORY AND SONDRA DUBBS,are the owners of Lot 5 in Prairie Crossing Plat 5 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Alice's L.C.,an Iowa limited liability company,predecessor in title to the Property Owner,granted that certain Public Overland Flowage Easement,recorded in Book 2014,Page 10253,and that certain Public Utility Easement,recorded in,Book 2014,Page 10251, (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 BK IT RESOLVED by the City Council of the City of Waukee,Iowa on this 7'"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 with the Dallas County, Iowa Recorder. Attest: Rick Peterso Mayor Pro Tem 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