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HomeMy WebLinkAbout2019-04-01-Resolutions 19-114_Spring Crest P2 Lot 10 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 19-114 APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1030 SPRUCE STREET] IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,ROBSON HOMES,INC.,is the owner of Lot 10 in Spring Crest Plat 2 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Spring Crest Partners,LLC,an Iowa limited liability company,predecessors in title to the Property Owner,granted that certain Public Overland Flowage &Storm Sewer Easement,recorded in Book 2018,Page 2443,(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 I"day of April,2019 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 County,Iowa Recorder. Attest: i iam .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