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HomeMy WebLinkAbout2016-04-04-Resolutions 16-118_Brookridge P1 Lot 15 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-118 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [360 NE BROOKRIDGK COURT] IN THE NAME AND BY THEA UTHORITY OF THE CITY OF WAUKKE,JOPA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,KENNETH AND DEBRA DICKERSON,are the owners of Lot 15 in Brookridge Plat I ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,J.Dev,LLC,and Iowa limited liability company,predecessor in title to the Property Owner,granted that certain Public Overland Flowage Easement,recorded in Book 2015,Page 350,(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 4'"day of April,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 easeme with the Dallas County,Iowa Recorder. / Shelly Hu e,Presid Officer Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Sbane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYK X X X NAY ABSENT ABSTAIN X X