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HomeMy WebLinkAbout2012-06-04-Resolutions 12-133_Grant Park P2 Lot 20 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 12-133 APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT RELATED TO LOT 20 OF GRA.i~TPARK PLAT 2 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,NATHAN M.AND JESSICA L.LENTZ,are the owners of Lot 20 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 Waulcee 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 by the City Council of the City of Waukee,Iowa on this 4th day of June,2012 that the First Amendment to Overland Flowage Easement in connection with the Property is hereby approved and accepted by the City of Waulcee,and the City Clerk is hereby authorized to file such first amendme to easement wit e Dallas County, Iowa Recorder. Attest: 'J£...~/L~@ ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X NAY ABSENT ABSTAIN X X X