HomeMy WebLinkAbout2008-09-08-Resolutions 08-212_Willow Brook P4 Lot 13 - First Amendment to EasementRESOLUTION 08-212
THE CITY OF WAUKEE,IOWA
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
AND WATER MAIN AND GAS MAIN EASEMENT RELATED TO LOT 13 OF
WILLOW BROOK PLAT 4
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal
Organization;AND,
WHEREAS,Elvedin Music and Jasmina Music,owners of Lot 13 of Willow Brook Plat 4
("Property Owner"),is desirous of installing a fence on his property;AND,
WHEREAS,Eastpark Development Inc.,predecessor in title to the Property Owner 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 2004,Page 16662 and Donald Allen and
Dorothy Allen Rowe granted a Water Main and Gas Main Easement to the City of Waukee
which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 651,
Page 395 (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 Overland Flowage Easement
and Water Main and Gas Main Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 8th day of September 2008 that the First Amendment to Overland Flowage Easement and
Water Main and Gas Main Easement in connection with the Property is hereby approved and
accepted by the City of Waukee,and the City Clerk is hereby authorized to e such first
amendment to easement with the Dallas County,Iowa R ord .
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN