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HomeMy WebLinkAbout2018-11-05-Resolutions 18-456_Kettlestone Heights P1 Lot 14 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 18-456 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2430 SE MAXWELL DRIVE] IN THE NAME AND BY THEA UTHORITYOF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,BRYAN k ALISHA GRIFFITH,are the owners of Lot 14 in Kettlestone Heights Plat I ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,ARAC,LLC,an Iowa limited liability corporation,predecessors in title to the Property Owner,granted that certain Overland Flowage Easement,recorded in Book 2013,Page 22467,(the "Easement")AND, WHEREAS,TRIPLE T DEVELOPMENT,LLC,an Iowa limited liability corporation, predecessors in title to the Property Owner,granted that certain Storm Sewer Easement,recorded in Book 2017,Page 23389,(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 5+day of November,2018 that the Agreement Concerning Construction of Fence in connection with the Property is hereby approved and accepted by the City of ukee,and the City Clerk is hereby authorized to file such first amendment to easement wit t e Dallas County, Iowa Recorder. ii FP d,or 4)bug 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