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HomeMy WebLinkAbout2017-05-01-Resolutions 17-226_Prairie Crossing P3 Lot 3 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 17-226 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [342 NK WESTGATE DRIVE] IN THE NAME AND BY THEA UTHORITY OF THE CITY OF 8'A UKEE,IOV'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,DEREK K.&CATELYN C.DICKMAN,are the owner of Lot 3 in Prairie Crossing Plat 3 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Alice's,LC,an Iowa limited liability corporation,predecessor in title to the Property Owner,granted that certain Sanitary Sewer Easement,recorded in Book 2013,Page 21335 (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 1"day of May,2017 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 Count,Iowa Recorder. illiam F card,Mayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Anna Bergman R.Charles Bottenberg Brian Harrison Shelly Hughes Larry R.Lyon AYE X X X X X NAY ABSENT ABSTAIN