HomeMy WebLinkAbout2010-06-07-Resolutions 10-171_Country Club Woods P5 Lot 6 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-171
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
RELATED TO LOT 6 OF COUNTRY CLUB WOODS PLAT 5
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,NICK AND KELLY RYAN,owners of Lot 6 of Country Club Woods Plat 5
("Property Owners"),are desirous of installing a fence on the property;AND,
WHEREAS,Country Club Woods,L.c.,predecessor in title to the Property Owners,granted
that certain Overland Flowage Easement which was accepted by the City of Waukee (the
"Easement")and recorded with Dallas County,Iowa in Book 1999,Page 002441;AND,
WHEREAS,a portion ofthe proposed 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 Overland Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 7th day of June 2010 that the First Amendment to 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
NAY ABSENT
X
ABSTAIN