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HomeMy WebLinkAbout2018-06-04-Resolutions 18-229_Gracewood Lot 29 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 18-229 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [385 NK CAREFREE LANE] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,108'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,KEVIN &JENNIE HEILESON,are the owners of Lot 29 in Gracewood("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Grace Wood Joint Venture,predecessors in title to the Property Owner,granted that certain Surface Water Flowage Easement,recorded in Book 2005,Page 12030,(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 &om 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 4'day of June,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 the as County,Iowa Recorder. R.Ch s Bottenberg,Mayor 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 X NAY ABSENT ABSTAIN