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