HomeMy WebLinkAbout2012-06-18-Resolutions 12-137_Williams Pointe P4 Lot 11 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 12-137
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
AND STORM SEWER AND OVERLAND FLOWAGE EASEMENT RELATED TO LOT
11 OF WILLIAMS POINTE PLAT 4
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,TY J.AND AMY L.SLEITER,are the owners of Lot 11 of Williams Pointe Plat 4
("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Williams Pointe Turf Farms,Inc.,an Iowa corporation,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 2004,Page
16140,and a Storm Sewer and Overland Flowage Easement which was accepted by the City of
Waukee and recorded with Dallas County,Iowa in Book 2004,Page 16139 (collectively the
"Easement");AND,,
WHEREAS,the fence is intended to be erected within a portion ofthe 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 ofa fence within a portion of
the Easement area pursuant to the terms of the First Amendment to Overland Flowage Easement
and Storm Sewer and Overland Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 18th day of June,2012 that the First Amendment to Overland Flowage Easement and Storm
Sewer and 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 le such first
amendment to easement with the Dallas County,Iowa Recorder.
Attest:
Brad1y M.De~ts,Interim 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