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HomeMy WebLinkAbout2015-06-01-Resolutions 15-177_Fox Creek Estates P4 Lot 22 - Fence Construction AgrTHE CITY OF WAUKEE,IOWA RESOLUTION 15-177 APPROVING AN AGREEMKNT CONCERMNG CONSTRUCTION OF FENCE [190 NE FOX RUN TRAIL] 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,TINA DEWITT,is the owner of Lot 22 in Fox Creek Estates Plat 4 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Perfect Acres,L.L.C.,an Iowa limited liability company,predecessor in title to the Property Owner,granted that certain Public Overland Flowage Easement,recorded in Book 2013,Page 15406,and that certain Public Utility Easement,recorded in Book 2013,Page 15402, (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 1"day of June,2015 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. i .ard,ayor Attest: Rebecca D.Schuett,City Clerk ROLL CALL VOTE Shane Blanchard Brian Harrison Casey L.Harvey Shelly Hughes Rick Peterson AYE X X X X NAY ABSENT ABSTAIN