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HomeMy WebLinkAbout2019-07-08-Resolution 19-265_Fence Construction Agreement, Westgate Plat 4 Lot 18THE CITY OF WAUKEE, IOWA RESOLUTION 19-265 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE 1800 SE MELROSE DRIVE] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE, IOWA WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal Organization; AND, WHEREAS, RYAN A. AND ERIN A. STEENROD, are the owners of Lot 18 of Westgate Plat 4 ("Property Owners"); AND, WHEREAS, the Property Owners are desirous of installing a fence on the property; AND, WHEREAS, Westgate Partnership, an Iowa general partnership, predecessor in title to the Property Owners, granted that certain Public Utility and Drainage Easement, dated July 24, 2001, recorded on April 5, 2002, in Book 2002, Page 4586, (the "Easement") AND, WHEREAS, the fence is intended to be erected within a portion of the Easement; AND, WHEREAS, the Easement prohibits the Property Owner 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 8`h day of July, 2019 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 Co t , Iowa Recorder. Attest: 6"& e. & Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE Anna Bergman X R. Charles Bottenberg X Courtney Clarke X Shelly Hughes X Larry R. Lyon X NAY ABSENT ABSTAIN