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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 X X X NAY ABSENT X X ABSTAIN