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HomeMy WebLinkAbout2010-05-03-Resolutions 10-125_Grant Park Lot 90 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 10-125 APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND FLOWAGE EASEMENT RELATED TO LOT 90 OF GRANT PARK IN THE NAME AND BY THE A UTHORlTY OF THE CITY OF WA UKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal Organization;AND, WHEREAS,JIMAC CONSTRUCTION,owner of Lot 90 of Grant Park ("Property Owner"), and DALE W.STONEHOCKER AND BARBARA L.BEEBE,contract owners or Lot 56 of Grant Park ("Contract Owners"),are desirous of installing a fence on the property;AND, WHEREAS,KE Brewer,L.L.c.,an Iowa limited liability company,predecessor in title to the Property Owners granted a Storm Sewer and 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 12737;AND, WHEREAS,fence is intended to be erected within a portion ofthe Easement;AND, WHEREAS,the Easement prohibits the Property Owner and Contract Owners 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 Storm Sewer and Overland Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 3'd day of May 2010 that the First Amendment to Storm Sewer 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. Attest: ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAIN