HomeMy WebLinkAbout2013-03-18-Resolutions 13-062_Williams Pointe P10 Lot 48 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-062
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
AND PUBLIC UTILITY EASEMENT RELATED TO LOT 48 OF WILLIAMS POINTE
PLAT 10
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,TROY J.AND MARY E.SHELLEY,are the owners of Lot 48 of Williams Pointe
Plat 10 ("Propeliy Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Williams Pointe Development II,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 2006,Page
9462,and granted a Public Utility Easement which was accepted by the City of Waukee and
recorded with Dallas County,Iowa in Book 2006,Page 9458 (collectively 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 ofthe 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 Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council ofthe City ofWankee,Iowa on
this is"day of March,2013 that the First Amendment to Overland Flowage Easement and
Public Utility 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.
J\!fik7\Vatts,Mayor Pro Tern
Attest:~k~
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Shelly Hughes X
Mike Watts X