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HomeMy WebLinkAbout2016-01-04-Resolutions 16-002_Glynn Village P3 Lot 57 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-002 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [255 EMERSON LANE] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IO 5'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,GEOFFREY M.MILLER,is the owner of Lot 57 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 company,predecessor in title to the Property Owner,granted that certain Storm Sewer Easement,recorded in Book 2008,Page 14188 (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 BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 4"'day of January,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 Dalla County,Iowa Recorder. Attest: card,Mayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson AYE X X X NAY ABSENT ABSTAIN X X