HomeMy WebLinkAbout2013-04-15-Resolutions 13-093_Williams Pointe P8 Lot 2 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-093
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 2
OF WILLIAMS POINTE PLAT 8
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,DAVID E.AND KERRY L.DREES,are the owners of Lot 2 of Williams Pointe
Plat 8 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Williams Turf Farms,Inc.,and Iowa corporation,predecessor in title to the
Property Owners 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 16168,and a
Public Utility Easement which was accepted by the City of Waukee and recorded with Dallas
County,Iowa in Book 2004,Page 16171 (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 ally 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 ofa fence within a portion of
the Easement mea pursuant to the terms of the First Amendment to Storm Sewer and Overland
Flowage Easement and Public Utility 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 Storm Sewer and 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,IoWl;:',~
_'1l~:Zd'Mayor
Attest:h21=Z~
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
Mike Watts
VACANT SEAT
AYE
X
X
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X
NAY ABSENT ABSTAIN