HomeMy WebLinkAbout2013-04-15-Resolutions 13-089_Grant Park P2 Lot 71 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-089
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOW AGE EASEMENT
RELATED TO LOT 71 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,JON GRETEMAN,is the owner of Lot 71 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 tile terms ofthe 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 tile Property is hereby approved and accepted by the City of Waukee,and the
City Clerk is hereby authorized to file such ftrst amendment to easement with the Dallas County,
Iowa Recorder.
TrnlMoennan!CitY Administrator
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hnghes
Mike Watts
VACANT SEAT
AYE
X
X
X
X
NAY ABSENT ABSTAIN