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HomeMy WebLinkAbout2018-09-17-Resolutions 18-389_Kettlestone Heights P1 Lot 38 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 18-389 APPROVING AN AGREEMKNT CONCERNING CONSTRUCTION OF FENCE [2435 SK MAXWELL DRIVE] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF 8'A UKEE,108'A WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,TY k STACI LARSEN,are the owners of Lot 38 in Kettlestone Heights Plat 1 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Triple T Development,LLC,an Iowa limited liability corporation,predecessors in title to the Property Owner,granted that certain Overland Flowage Easement,recorded in Book 2017,Page 23388,and that certain Storm Sewer Easement,recorded in Book 2017,Page 23389 and that certain,Public Utility Easement,recorded in Book 2017,Page 23387 (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 BK IT RESOLVED by the City Council of the City of Waukee,Iowa on this 17'"day of September,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 amen en o ease nt w'the alias County Iowa Recorder. Wi am .P rd,ayor 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