HomeMy WebLinkAbout2008-08-18-Resolutions 08-193_Grant Park P1 Lot 62 - First Amendment to EasementTHE CITY OF WAUKEE,lOW A
RESOLUTION 08-193
APPROVING THE FIRST AMENDMENT TO PUBLIC UTILITY EASEMENT AND
OVERLAND FLOWAGE EASEMENT RELATED TO LOT 62 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 ofIowa,is a dilly organized Municipal
Organization;AND,
WHEREAS,Jonathan James Lutz,owner of Lot 62 of Grant Park Plat 1 ("Property Owner"),is
desirous of installing a fence on his property;AND,
WHEREAS,KE Brewer,LLC,predecessor in title to the Property Owner granted a Public
Utility Easement to the City of Waukee which was accepted by the City of Waukee and recorded
with Dallas County,Iowa 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 in Book 2005,Page 1273S (collectively "Easements")AND,
WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the
Easements;AND,
WHEREAS,the Easements prohibit the Property Owner from locating any fence or other
structure within the Easements 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'RESOL YED by the City Council of the City of Waukee,Iowa on
this lSth day of August 200S 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.
~~(~F.Pe~rd,Mayor
Attest:
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