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
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NAY ABSENT ABSTAIN