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HomeMy WebLinkAbout2018-07-16-Resolutions 18-289_Kettlestone Heights P1 Lot 24 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 18-289 APPROVING AN AGRKEMKNT CONCERNING CONSTRUCTION OF FENCE [2320 SE MAXWELL DRIVE] IN THE NAMEAND BY THEAUTHORITYOF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,THOMAS BRYANT &AMANDA BRYANT,are the owners of Lot 24 in Kettlestone Heights Plat 1 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,ARAC,LLC,predecessors in title to the Property Owner,granted that certain Public Overland Flowage Easement,recorded in Book 2013,Page 22467,(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 Agreeinent Concerning Construction of Fence. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 16"day of July,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 Dallas Co ty,Iowa Recorder. illiam .Peard,Mayor Rebecca D.Schuett,City Clerk RESULTS OF VOTE: Anna Bergman R.Charles Bottenberg Courtney Clarke Shelly Hughes Larry R.Lyon AYK X X X X X NAY ABSENT ABSTAIN