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HomeMy WebLinkAbout2016-02-02-Resolutions 16-040_Glynn Village P8 Lot 114 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-040 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [335 DUNHAM DRIVE] IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,TODD C.LISTON &AIMEE L.DUNN,are the owners of Lot 114 in Glynn Village Plat 8 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Hubbell Metropolitan Development Fund I,L.L.C.(Series L)h a series of a multi- series Iowa limited liability company,and Hubbell Realty Company,an Iowa corporation, predecessors in title to the Property Owners,granted that certain Storm Sewer and Surface Water Flowage Easement,recorded in Book 2014,Page 12463,(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 2"day of February,2016 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 Peterson,Mayor Pro Tem Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X X NAY ABSENT ABSTAIN