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HomeMy WebLinkAbout2016-07-05-Resolutions 16-276_Parkview Crossing P11 Lot 6 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 16-276 APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE [1805 SE PARKVIEW CROSSING DRIVE] IN THENAMEANDBYTHEAUTHORITYOF THE CITYOF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,JAMES &LESLEE J.HARRISON,are the owners of Lot 6 in Parkview Crossing Plat 11 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Jerry's Homes,Inc.,predecessor in title to the Property Owner,granted that certain Overland Flowage Easement,recorded in Book 2015,Page 13035,and that certain Sanitary and Storm Sewer Easement,recorded in Book 2015,Page 13032,(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 5'"day of July,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. illi F.Peard,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Brian Harrison Shelly Hughes Larry R.Lyon Rick Peterson VACANT SEAT AYE X X X NAY ABSENT ABSTAIN X