HomeMy WebLinkAbout2012-05-07-Resolutions 12-104_Grant Park P2 Lot 69 - First Amendment to EasementTHE CITY OF WAUKEE,lOW A
RESOLUTION 12-104
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
RELATED TO LOT 69 OF GRANT PARK PLAT 2
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JEREMY J.AND RAQUEL EVERS,are the owners of Lot 69 of Grant Park Plat
2 ("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,and KNC,L.L.C.,an Iowa
limited liability company,predecessors 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 2008,Page 332 (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.
NOW THEREFORE BE IT RESOLVED hy the City Council of the City of Waukee,Iowa on
this ih day of May,2012 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,
Tow"Recorder.~
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Attest:
.'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