HomeMy WebLinkAbout2010-04-19-Resolutions 10-102_Williams Pointe P1 Lot 10 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-102
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 10
OF WILLIAMS POINTE 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 duly organized Municipal
Organization;AND,
WHEREAS,JOSHUA M.AND JOEYLYNN LOEFFELHOLTZ,owners of Lot 10 of Williams
Pointe Plat I ("Property Owners"),are desirous of installing a fence on their property;AND,
WHEREAS,Williams Pointe Development,L.C.,and Iowa limited liability company,
predecessor in title to the Property Owners,granted that certain Storm Sewer and Overland
Flowage Easement,dated February 25,2003,recorded on March 20,2003,in Book 2003,Page
4929,and a Public Utility Easement,dated December 10,2002,recorded on March 20,2003,in
Book 2003,Page 4933;AND,
WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the
Easenlent;AND,
WHEREAS,the Easement prohibits the Property Owner from locating any fence or other
structure within the Easement area withont the written consent of the City ofWankee;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 Storm Sewer and Overland
Flowage Easement and Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 19th day of Apri12010 that the First Amendment to Storm Sewer and Overland Flowage
Easement and Public Utility 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 Connty,Iowa Recorder.
Attest:
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN