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HomeMy WebLinkAbout2018-06-04-Resolutions 18-225_Landing at Shadow Creek P4 Lot 17 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 18-225 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [715 NE ADDISON DRIVEJ INTHENAMEANDBY THEAUTHOBITYOF THE CITY OF WAUKEE,IOUS WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,STEVEN BATCHELOR,is the owner of Lot 17 in The Landing at Shadow Creek Plat 4 ("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 Overland Flowage Easement, recorded in Book 2016,Page 19685,and that certain Public Utility Easement,recorded in Book 2016,Page 19687,(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 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 Wa nd the City Clerk is hereby authorized to file such first amendment to easement wit e D as County,Iowa Recorder. R aries Bottenberg,Mayor Pro Tem Rebecca D.Schuett,City Clerk RESULTS OF VOTE: Anna Bergman R.Charles Bottenberg Courtney Clarke Shelly Hughes Larry R.Lyon AVE X X X X X NAY ABSENT ABSTAIN