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HomeMy WebLinkAbout2016-03-21-Resolutions 16-103_Bluestem P1 Lot 2 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-103 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE |325 SK TALLGRASS LANE] IN THENAMEAND BY THE AUTHORITY OF THE CITY OF 5'AUKEE,IONA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,AUSTEN J.6'z SARAH J.HASSEBROCK,are the owners of Lot 2 in Bluestem Plat 1 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Diligent BSP Holdings,LLC.,an Iowa limited liability company,predecessor in title to the Property Owner,granted that certain Public Overland Flowage Easement,recorded in Book 2014,Page 14576,and that certain Public Storm Sewer Easement Easement,recorded in Book 2014,Page 14579,(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 21"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 C ty,Iowa Recorder. Wi am F.card,M yor Attest: 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