HomeMy WebLinkAbout2011-05-09-Resolutions 11-73_Fox Creek Estates P2 Lot 15 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-73
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOW AGE EASEMENT
RELATED TO LOT 15 OF FOX CREEK ESTATES 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,NEWBLOOD HOMES,L.L.C.,is the owner of Lot 15 of Fox Creek Estates Plat 2
("Property Owner")is desirous of installing a fence on the property;AND,
WHEREAS,Fox Creek Estates,L.L.C.,a 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 2009,Page
16238 (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 ofthe First Amendment to Overland Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 9th day of May,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
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
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