HomeMy WebLinkAbout2008-05-19-Resolutions 08-107_Westgate P5 Lot 3 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-107 1
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT RELATED TO LOT 3 OF WESTGATE PLAT 5
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,Joseph R.and Christine K.Morgan,owners of Lot 3 of Westgate Plat 5 (Property
Owners),is desirous of installing a fence on their property;AND,
WHEREAS,Westgate Partnership,predecessor in title to the Property Owners granted a StOlID
Sewer and Overland Flowage Easement (Easement)to tile City of Waukee which was accepted
by the City of Waukee and recorded with Dallas County,Iowa on September 29,2003,in Book
2003,Page 19815;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 Property Owner from locating any fence or other
structnre 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 First Amendment to Storm Sewer and Overland
Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 19th day of May 2008 that the First Amendment to Storm Sewer and Overland Flowage
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:
I
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE NAY
x
X
X
X
ABSENT
X
ABSTAIN