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Home My WebLink About2012-05-07-Resolutions 12-103_Grant Park Lot 59 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 12-103 APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 59 OF GRANT PARK 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,JASON L.AND MONICA M.V ANORNY,are the owners of Lot 59 of Grant Park ("Property Owners");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,KE Brewer,L.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 2005,Page 12738,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 2005,Page 12735 (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 7th day of May,2012 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 amendme t to easement with the Dallas County,Iowa Recorder. Attest: 'fi ooistra,City Administrator/Clerk ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X X X X NAY ABSENT ABSTAIN