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