HomeMy WebLinkAbout2011-04-18-Resolutions 11-68_Willow Brook P4 Lot 16 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-68
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
AND WATER MAIN AND GAS MAIN EASEMENT RELATED TO LOT 16 OF
WILLOW BROOK PLAT 4
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,ANGELA R.SCHMIDTKE,owner of Lot 16 of Willow Brook Plat 4 ("Propeliy
Owner"),is desirous of installing a fence on the property;AND,
WHEREAS,Eastpark Development,Inc.,an Iowa corporation,predecessor in title to the
Property Owners 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 2004,Page
16662,and Donald Allen and Dorothy Allen Rowe,predecessor in title to the Property Owner
granted a Water Main and Gas Main Easement to the City of Waukee which was accepted by the
City of Waukee and recorded with Dallas County,Iowa in Book 651,Pages 395-397
(collectively the "Easement");AND,
WHEREAS,the fence is intended to be erected within a portion ofthe 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
and Water Main and Gas Main 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 and Water
Main and Gas Main 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