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HomeMy WebLinkAbout2015-11-02-Resolutions 15-380_Willow Pines P1 Lot 15 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 15-380 APPROVING AN AGREKMKNT CONCERNING CONSTRUCTION OF FENCE [3135 WHITEPINE COURT] IN THE NAME AND BY THEA UTHORITY OF THE CITY OF WA UI EF.,IO8'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,CHRISTOPHER T.AND JILL N.SMITH,are the owners of Lot 15 in Willow Pines Plat 1 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Willow Pines,LLC,an Iowa limited liability company,predecessor in title to the Property Owner,granted that certain Public Sanitary Sewer Easement,recorded in Book 2014, Page 15770,and that certain Public Storm Sewer Easement,recorded in,Book 2014,Page15771,(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 2"day of November,2015 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. Attest: i liam .Peard,ayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X NAY ABSENT ABSTAIN X