HomeMy WebLinkAbout2008-06-16-Resolutions 08-133_Grant Park P1 Lot 61 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-133
APPROVING THE FIRST AMENDMENT TO PUBLIC UTILITY EASEMENT AND
OVERLAND FLOWAGE EASEMENT RELATED TO LOT 61 OF
GRANT PARK PLAT 1
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,Chad D.and Jennifer L.Rebel,owners of Lot 61 of Grant Park Plat 1 (Property
Owners),are desirous of installing a fence on their property;AND,
WHEREAS,KE Brewer,L.L.C.,predecessor in title to the Property Owners granted a Public
Utility Easement to the City of Waukee which was accepted by the City of Waukee and recorded
with Dallas County,Iowa on August 8,2005,in Book 2005,Page 12735 and an Overland
Flowage Easement to the City of Waukee which was accepted by the City of Waukee and
recorded with Dallas County,Iowa on August 8,2005,in Book 2005,Page 12738 ("Easements")
AND,
WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the
Easements;AND,
WHEREAS,the Easements 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 fence within a portion of
the Easements area pursuant to the terms of the First Amendment to Public Utility Easement and
Overland Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 16th day of June 2008 that the First Amendment to Public Utility Easement and Overland
Flowage Easement 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.
IAttest:
Ie r-ooistra,City Administrator/Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Donald L.Bailey,Jr.X
Casey L.Harvey X
C.Isaiah McGee X
Darlene Stanton X
Mike Watts X
1
1