HomeMy WebLinkAbout2013-03-18-Resolutions 13-060_Grant Park P2 Lot 2 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-060
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOW AGE EASEMENT
RELATED TO LOT 2 OF GRANT PARK 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,BEHR CONSTRUCTION HOMES,LLC,is the owner of Lot 2 of Grant Park Plat
2 ("Property Owner");AND,
WHEREAS,the Property Owner is 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 Owner granted an Overland
Flowage Easement 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 Owner 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 18th day of March,2013 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,
Iowa Recorder.
atts,Mayor Pro Tem
Attest:
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Shelly Hughes X
Mike Watts X