HomeMy WebLinkAbout2013-04-15-Resolutions 13-087_Fox Creek Estates P2 Lot 18 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-087
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
RELATED TO LOT 18 OF FOX CREEK ESTATES 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,COREY A.AND ElLEY L.SKADBURG,are the owners of Lot 18 of Fox Creek
Estates Plat 2 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Fox Creek Estates,L.L.c.,and 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 2009,Page 16238 (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 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 15th day of April,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.
Attest:
,7 ~d~~,/y~~
Tim MoermaK,City Administrator
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hnghes
Mike Watts
VACANT SEAT
AYE
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X
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NAY ABSENT ABSTAIN