HomeMy WebLinkAbout2008-05-05-Resolutions 08-86_Westgate P3 Lot 1 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-86
APPROVING THE FIRST AMENDMENT TO PUBLIC UTILITY AND DRAINAGE
EASEMENT RELATED TO LOT 1 OF WESTGATE PLAT 3
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,Daniel J.and Hallie A.Wells,owners of Lot I of Westgate Plat 3 (property
Owners),is desirous of installing a fence on their property;AND,
WHEREAS,Michael R.Myers Properties,Inc.,predecessor in title to the Property Owners
granted a Public Utility and Drainage Easement (Easement)to the City of Waukee which was
accepted by the City of Waukee and recorded with Dallas County,Iowa on November 23,1999,
in Book 1999,Page 013064;AND,
WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the
Easement;AND,
WHEREAS,the Easement prohibits the Properly Owner from locating any fence or other
structure within the Easement area without the written consent ofthe 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 First Amendment to Public Utility and Drainage
Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this s"day of May 2008 that the First Amendment to Public Utility and Drainage Easement
granted to the City of Waukee 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:
Jeffre
ROLL CALL VOTE
Donald L.Bailey,JI.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
X
X
NAY
x
ABSENT
X
ABSTAIN I
1
I