HomeMy WebLinkAbout2011-04-18-Resolutions 11-67_Grant Park Lot 100 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-67
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
RELATED TO LOT 100 OF GRANT PARK
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,RAFIK PAJIC,owner of Lot 100 of Grant Park ("Property Owner"),is desirous of
installing a fence on the property;AND,
WHEREAS,KE Brewer,L.L.C.,an Iowa limited liability company,predecessor in title to the
Property Owner granted an Overland Flowage Easement to the City of Waukee which was
accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2005,Page
12738 (the "Easement");AND,
WHEREAS,the 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 Overland Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 18th day of April,2011 that the First Amendment 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 authorized to file such first amendment to easement with the Dallas County,
Iowa Recorder.
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Darlene Stanton X
Mike Watts X