HomeMy WebLinkAbout2011-12-19-Resolutions 11-246_Willow Brook P4 Lot 26 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-246
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 26
OF WILLOW BROOK PLAT 4
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,JAMES A.AND SHARON F.GLEICH,owners of Lot 26 of Willow Brook Plat 4
("Property Owners")are desirous of installing a fence on the property;AND,
WHEREAS,Eastpark Development,Inc.,predecessor in title to the Property Owners granted a
Storm Sewer and 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 16659,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 2004,Page 16609 (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 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 Storm Sewer and Overland
Flowage Easement and Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 19th day of December,2011 that the First Amendment to Storm Sewer and Overland
Flowage Easement and Puhlic Utiltiy Easement in connection with the Property is herehy
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:
)t0oistra,City Administrator/Clerk
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Shelly Hughes
Mike Watts
AYE
X
X
X
X
NAY ABSENT
X
ABSTAIN