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