HomeMy WebLinkAbout2010-06-07-Resolutions 10-176_Williams Pointe P6 Lot 11 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-176
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 11
OF WILLIAMS POINTE PLAT 6
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas COlUIty,State ofIowa,is a duly orgauized Municipal
Organization;AND,
WHEREAS,BRIAN HANNAH,owner of Lot II of Williams Pointe Plat 6 ("Property
Owner"),is desirous of installing a fence on the property;AND,
WHEREAS,Williams Turf Farms,Inc.,and Iowa corporation,predecessor in title to the
Property Owners,granted that certain Storm Sewer and Overland Flowage Easement,which was
accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2004,Page
16168,and a Public Utility Easement,which was accepted by the City of Waukee and recorded
with Dallas County,Iowa in Book 2004,Page 16171;AND,
WHEREAS,a portion of the proposed 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 Storm Sewer and Overland
Flowage Easement and Public Utility 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 Storm Sewer and Overland Flowage
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.
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Darlene Stanton X
Mike Watts X