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HomeMy WebLinkAbout2018-05-07-Resolutions 18-193_Landing at Shadow Creek P2 Lot 70 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 18-193 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [640 NE DELLWOOD DRIVE] IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUICEE,IONA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,JOE &MARY JANE WEINGART,are the owners of Lot 70 in The Landing at Shadow Creek Plat 2 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Landing at Shadow Creek,LLC,an iowa limited liability corporation, predecessors in title to the Property Owner,granted that certain Sanitary Sewer Easement, recorded in Book 2015,Page 19765,(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 Consnuction 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 t as o,Iowa Recorder. aries 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 X