HomeMy WebLinkAbout2008-08-04-Resolutions 08-186_Grant Park P2 Lot 39 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-186
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
RELATED TO LOT 39 OF GRANT PARK 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,Troy and Yana Bull,owners of Lot 39 of Grant Park Plat 2 ("Property Owners"),
are desirous of installing a fence on their property;AND,
WHEREAS,KE Brewer,L.L.C.and KNC,L.L.C.,predecessor in title to the Property Owners
granted an Overland Flowage Easement to the City of Waukee which was accepted by the City
of Waukee and recorded with Dallas County,Iowa in Book 2008,Page 332 ("Easement")
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
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 Overland Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 4th day of August 2008 that the First Amendment to 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.
Attest:
Jef ooistra,City Administrator/Clerk
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT
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ABSTAIN