HomeMy WebLinkAbout2011-08-22-Resolutions 11-162_Williams Pointe P10 Lot 3 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-162
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
AND PUBLIC UTILITY EASEMENT RELATED TO LOT 3 OF WILLIAMS POINTE
PLAT 10
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City ofWauleee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,HUBBELL HOMES,LC,owner of Lot 3 of Williams Pointe Plat 10 ("Property
Owner")is desirous of installing a fence on the property;AND,
WHEREAS,Williams Pointe Development II,L.C.,predecessor in title to the Property Owner
granted an Overland Flowage Easement to the City ofWauleee which was accepted by the City
of Waukee and recorded with Dallas County,Iowa in Boole 2006,Page 9462,and a Public
Utility Easement which was accepted by the City ofWauleee and recorded with Dallas County,
Iowa in Boole 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 Owner from locating any fence or other
structure within the Easement area without the written consent of the City ofWauleee;AND,
WHEREAS,the City ofWauleee 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 22nd day of August,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:
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE NAY
x
X
X
X
ABSENT
X
ABSTAIN