HomeMy WebLinkAbout2010-04-05-Resolutions 10-85_Grant Park Lot 56 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-85
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
RELATED TO LOT 56 OF GRANT PARK
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,LUKE AND HELEN GRUBER,owners of Lot 56 of Grant Park ("Property
Owners"),are desirous of installing a bridge on their property;AND,
WHEREAS,KE Brewer,L.L.c.,an Iowa limited liability company,predecessor in title to the
Property Owners granted an Overland Flowage Easement (the "Easement")to the City of
Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in
Book 2005,Page 12738;AND,
WHEREAS,bridge 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 bridge 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 5th day of April 20 I 0 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:
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE
X
X
X
X
NAY ABSENT
X
ABSTAIN