HomeMy WebLinkAbout2010-05-03-Resolutions 10-122_Westgate P6 Lot 23 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-122
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT RELATED TO LOT 23 OF WESTGATE PLAT 6
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,DAVID AND KELLI HRUBY,owners of Lot 23 of Westgate Plat 6 ("Property
Owners"),are desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,an Iowa general partnership by Michael R.Myers
Properties,Inc.,General Partner,by 101m D.Gamble,Secretary,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 2004,Page 10434;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 ofWaulcee 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 ofWaulcee,Iowa on
this 3nl 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 thc 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