HomeMy WebLinkAbout2010-05-03-Resolutions 10-120_Westgate P2 Lot 18 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-120
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND DRAINAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 18 OF
WESTGATE PLAT 2
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,WADE DOUGLAS AND SANDRA ARMlNA BARCUS,owners of Lot 18 of
Westgate Plat 2 ("Property Owners"),are desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,an Iowa general partnership by Michael R.Myers,
predecessor in title to the Property Owners granted a Storm Sewer and Drainage Easement to the
City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,
Iowa in Book 850,Pages 950-953,and a Public Utility Easement (collectively the "Easement")
to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas
County,Iowa in Book 850,Pages 946-949;AND,
WHEREAS,fence is intended to be erected within a portion of the Easement;AND,
WHEREAS,the Easement prohibits the Property 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 Drainage
Easement and Public Utility 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 Drainage 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 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