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HomeMy WebLinkAbout2016-03-21-Resolutions 16-098_Glynn Village P3 Lot 32 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-098 APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE [80 SE DILLON DRIVE] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,TOLD WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,RODNEY R.&CHRISTY L.DENNIS,are the owners of Lot 32 in Glynn Village Plat 3 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Hubbell Metropolitan Development Fund I,LLC (Series E),an Iowa limited liability corporation,predecessor in title to the Property Owner,granted that certain Surface Water Flowage Easement,recorded in Book 2008,Page 14189,and that certain Public Utility Easement,recorded in Book 2008,Page 14187,(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 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 ounty,Iowa Recorder. Attest: illiam .Peard,Mayor Rebecca D.chuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYK X X X X NAY ABSENT ABSTAIN X