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HomeMy WebLinkAbout2021-06-21-Resolution 2021-283_Agreement Concerning Construction of Pool and Fence, 990 NE Badger LnTHE CITY OF WAUKEE, IOWA RESOLUTION 2021- APPROVING AN AGREEMENT CONCERNING CONSTRUCTION OF POOL AND FENCE [990 NE BADGER LANE] 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, DARRELL AND KAREN OLDEROG, are the owners of Lot 4 and Outlot W of Fox Creek Estates Plat 10 ("Property Owners"); AND, WHEREAS, the Property Owners are desirous of installing a pool and fence on the property; AND, WHEREAS, WAUKEE LOTS, L.L.C., an Iowa general partnership, predecessor in title to the Property Owners, granted that certain Stream Buffer Easement, dated June 22, 2017, recorded on July 11, 2017, in Book 2017, Page 13246, (the "Easement") AND, WHEREAS, the pool and fence are intended to be erected within a portion of the Easement; AND, WHEREAS, the Easement prohibits the Property Owner 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 pool and fence within a portion of the Easement area pursuant to the terms of the Agreement Concerning Construction of Pool and Fence. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa on this 2 1 " day of June, 2021 that the Agreement Concerning Construction of Pool and Fence in connection with the Property is hereby approved and accepted by the City of ee, and the City Clerk is hereby authorized to file such first amendment to easem e Dallas County, Iowa Recorder. yor Pro Tern Attest: Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN Anna Bergman Pierce X R. Charles Bottenberg X Chris Crone X Larry R. Lyon X Ben Sinclair X