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HomeMy WebLinkAbout2011-04-04-Resolutions 11-59_Westgate P6 Lot 7 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 11-59 APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND FLOW AGE EASEMENT AND DETENTION AND OVERLAND FLOWAGE EASEMENT RELATED TO LOT 7 OF WESTGATE PLAT 6 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal Organization;AND, WHEREAS,ANGELA M.AND JOSHUA A .HUTTON,owners of Lot 7 of Westgate Plat 6 ("Property Owners"),are desirous of installing a fence on the property;AND, WHEREAS,Westgate Partnership,and Iowa general partnership by Michael R.Myers Properties,Inc.,General Partner,by John D.Gamble,Secretary,predecessor in title to the Property Owners 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 10434,and a Detention 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 10436 (collectively the "Easement");AND, WHEREAS,the 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 ofthe 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 Detention and Overland Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 4th day of April,2011 that the First Amendment to Storm Sewer and Overland Flowage Easement and Detention 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 Reco r. ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Darlene Stanton Mike Watts AYE X X X NAY ABSENT X X ABSTAIN