HomeMy WebLinkAbout2010-10-23-Resolutions 10-237_Willow Brook P2 Lot 28 - First Amendment to EasementTHE CITY OF WAUKEE,row A
RESOLUTION 10-237
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 28
OF WILLOW BROOK PLAT 2
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,ROSS K.BODENSTEINER AND KlNSEY SCHAUL,owners of Lot 28 of
Willow Brook Plat 2 ("Property Owners"),are desirous of installing a fence on the property;
AND,
WHEREAS,Eastpark Development,L.L.c.,an Iowa limited liability company,predecessor in
title to the Property Owner granted a Storm Sewer and Overland Flowage Easement to the City
of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in
Book 2004,Page 16659,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 2004,Page 16665;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 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 23"d day of August 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.
..}ooistra,City Administrator/Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Darlene Stanton X
Mike Watts X