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HomeMy WebLinkAbout2018-05-07-Resolutions 18-196_Fox Creek Estates P7 Lot 54 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 18-196 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [825 NE OWL RIDGE LANE] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOIYA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,ELIZABETH S.COONRADT,is the owner of Lot 54 in Fox Creek Estates Plat 7 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,TCB Investments,LLC,an Iowa limited liability corporation,predecessors in title to the Property Owner,granted that certain Overland Flowage Easement,recorded in Book 2016, Page 16365,(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 7 day of May,2018 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 a as nty,Iowa Recorder. .Charles Bottenberg,ayor Pro Tem Attest: Rebecca D.Schuett,City Clerk RESULTS OF VOTE: Anna Bergman R.Charles Bottenberg Courtney Clarke Shelly Hughes Larry R.Lyon AYE X X X X NAY ABSENT ABSTAIN