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HomeMy WebLinkAbout2016-03-07-Resolutions 16-077_Williams Pointe P4 Lot 22 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-077 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [750 SE HAWTHORNE RIDGE 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,JOSEPH REED Rc JESSICA ZUZGA-REED,are the owners of Lot 22 in Williams Pointe Plat 4 ("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 16139,(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 7ta day of March,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. Rick Pet on,Mayor Pro Tem Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson X X X NAY ABSENT ABSTAIN X X