HomeMy WebLinkAbout2010-05-03-Resolutions 10-121_Westgate P4 Lot 24 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-121
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE AND STORM
SEWER EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 24 OF
WESTGATE PLAT 4
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,MATTHEW D.AND CATHERNIE A.BLOOM,owners of Lot 24 of Westgate
Plat 4 ("Property Owners"),are desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,an Iowa general partnership,predecessor in title to the
Property Owners granted an Overland Flowage and Storm Sewer Easement to the City of
Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in
Book 2002,Page 4588,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 2002,Page 4587;AND,
WHEREAS,fence 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 fence within a portion of
the Easement area pursuant to the terms of the First Amendment to Overland Flowage and Storm
Sewer Easement and Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Waukee,Iowa on
this 3nl day of May 2010 that the First Amendment to Overland Flowage and Storm Sewer
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
X
X
X
X
X
NAY ABSENT ABSTAIN