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HomeMy WebLinkAbout2010-10-18-Resolutions 10-277_Grant Park P2 Lot 59 - First Amendment to EasementTHE CITY OF WAUKEE,lOW A RESOLUTION 10-277 APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT RELATED TO LOT 59 OF GRAt'lT PARK 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,DRAKE COMP ANTES,L.L.C.,owner of Lot 59 of Grant Park Plat 2 ("Pmpeliy Owner"),is desirous of installing a fence on the property;AND, WHEREAS,KE Brewer,L.L.C.,an Iowa limited liability company and KNC,L.L.C.,an Iowa limited liability company,predecessors in title to the Property Owner,granted an Overland Flowage Easement (the "Easement")to the City ofWau1cee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2008,Page 332;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 thc 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 ofWau1cee,Iowa on tins 18th day of October 2010 that the FiTStAmendment 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 anthorized to file such first amendment to easement with the Dallas County, Iowa Recorder. Attest: ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Shane Blanchard X Dan Dutcher X Casey L.Harvey X Darlene Stanton X Mike Watts X