HomeMy WebLinkAbout2010-10-04-Resolutions 10-265_Willow Brook P1 Lot 16 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-265
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT RELATED TO LOT 16 OF WILLOW BROOK PLAT 1
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,LORRAlNE C.GUBERSKI,owner of Lot 16 of Willow Brook Plat 1 ("Property
Owner"),is 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 StOlIDSewer 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 2003,Page 22376;AND,
WHEREAS,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.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 4th day of October 2010 that the First Amendment to StOTmSewer and 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:
'\
Je .I ooistra,City Administrator/Clerk
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN