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HomeMy WebLinkAbout2013-04-01-Resolutions 13-075_Westgate P6 Lot 8 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 13-075 APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND FLOWAGE EASEMENT AND DETENTION AND OVERLAND FLOWAGE EASEMENT RELATED TO LOT 8 OF WESTGATE PLAT 6 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,ILONA CHIKOV ANI,is the owner of Lot 8 of Westgate Plat 6 ("Property Owners")'AND,, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Westgate Partnership,an Iowa general partnership by Michael R.Myers Properties,Inc.,General Partner,by John D.Gamble,Secretary,predecessor in title to the Property Owner granted 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 10434,and a Detention and Overland Flowage Easement which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2004,Page 10436 (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 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 Storm Sewer and Overland Flowage Easement and Detention and Overland Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 1st day of April,2013 that the First Amendment to Storm Sewer and Overland Flowage Easement and Detention 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 file such first amendment to easement with the Dallas County,Iowa Recorder. illiani F.Peard,Mayor Attest: Tim M<Jenl];d,'City Administrator ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X X X X NAY ABSENT ABSTAIN