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HomeMy WebLinkAbout2016-06-06-Resolutions 16-239_Grant Park Lot 77 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-239 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2075 SK LEANN DRIVE] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA USE,IO IFA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,JEFFEREY 61 ANNA N.STURGIS,are the owners of Lot 77 in Grant Park ("Property Owners");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,KE Brewer,LLC,an Iowa limited liability company,predecessor in title to the Property Owner,granted that certain Detention Pond Easement,recorded in Book 2005,Page 12739,and that certain Storm Sewer and Overland Flowage Easement,recorded in Book 2005, Page 12737,and that certain Public Utility Easement,recorded in Book 2005,Page 12735, (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 6"day of June,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 County,Iowa Recorder. .Attest: illiam F.Peard,Mayor Rebecca D.Schuett,City Clerk ROLL CALL VOTE Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson VACANT SEAT AYK X X X NAY ABSENT ABSTAIN X