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HomeMy WebLinkAbout2012-09-10-Resolutions 12-195_Grant Park Lot 97 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 12-195 APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT RELATED TO LOT 97 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,KYLE AND CHELSEA BERNS,are the owners of Lot 97 of Grant Park ("Propeliy 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 which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2005,Page 12738 (the "Easement"); AND, WHEREAS,tbe 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 ro"day of September,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 lo easement with the llas County, Iowa Recorder. Attest:~".~ ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X NAY X X X ABSENT X ABSTAIN