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HomeMy WebLinkAbout2010-06-21-Resolutions 10-191_Grant Park Lot 68 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 10-191 APPROVING THE FIRST AMENDMENT TO DETENTION POND EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 68 OF GRANT PARK 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,BRANDON SWAGEL AND CANDACE HAGEN,owners of Lot 68 of Grant Park ("Property Owners"),are desirous of installing a fence on their property;AND, WHEREAS,KE Brewer,L.L.C.,an Iowa limited liability company,predecessor in title to the Property Owners granted a Detention Pond Easement to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2005,Page 12738,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 2005,Page 12735;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 m-eawithout 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 ofthe First Amendment to Detention Pond Easement and Public Utility Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 21st day of June 2010 that the First Amendment to Detention Pond Easement and Public Utlity 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 NAY ABSENT X X ABSTAIN