HomeMy WebLinkAbout2011-07-11-Resolutions 11-127_Williams Pointe P10 Lot 1 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-127
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
AND PUBLIC UTILITY EASEMENT RELATED TO LOT 1 OF WILLIAMS POINTE
PLAT 10
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,JACOB M.AND JESSICA A.DANIELS,owners of Lot 1 of Williams Pointe Plat
10 ("Property Owners")are desirous of installing a fence on the property;AND,
WHEREAS,Williams Pointe Development II,L.C.,an Iowa limited liability company,
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 2006,Page 9462,and a Public Utility Easement to the City of Waukee which was accepted
by the City of Waukee and recorded with Dallas County,Iowa in Book 2006,Page 9458
(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 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 Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 11th day of July,2011 that the First Amendment to Overland Flowage Easement and Public
Utility 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.
Attest:
Jef 11.KOOlstra,City Administrator/Clerk
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN