HomeMy WebLinkAbout2008-07-07-Resolutions 08-153_Willow Brook P2 Lot 29 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-153
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT RELATED TO LOT 29 OF WILLOWBROOK PLAT 2
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 B.Stickel and Abby J.Erschens,owner of Lot 29 of Willowbrook Plat 2
(Property Owner),are desirous of installing a fence on their property;AND,
WHEREAS,Eastpark Development,L.L.c.,predecessor in title to the Property Owners granted
a Storm Sewer and Overland Flowage Easement to the City of Waukee which was accepted by
the City of Waukee and recorded with Dallas County,Iowa on October 21,2004,in Book 2004,
Page 16659 ("Easement")AND,
WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the
Easement;AND,
jWHEREAS,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 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 7th day of July 2008 that the First Amendment to Storm Sewer 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.
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C.Isaiah McGe~:Mayor Pro Tem
Attest:
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