HomeMy WebLinkAbout2013-05-06-Resolutions 13-119_Westgate P6 Lot 14 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-119
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT AND STORM SEWER EASEMENT RELATED TO LOT 14
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,JANAPATRICE SCHNECKLOTH,is the owner of Lot 14 of Westgate Plat 6
("Property Owner");AND,
WHEREAS,the Property Owner is desirous of installing a fence on the property;AND,
WHEREAS,Westgate Partnership,all 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
Storm Sewer Easement which was accepted by the City of Waukee and recorded with Dallas
County,Iowa in Book 2004,Page 10433 (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 ally fence or other
structure within the Easement mea 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 Storm Sewer Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa 011
this 6th day of May,2013 that the First Amendment to StOlID Sewer and Overland Flowage
Easement and StOlID Sewer 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.Jh1W-c!JM:vt--_
Shelly HugJcffs,MayVro Tem
Attest:-Z~:/h-r/Cf~
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
C.Isaiah McGee
Mike Watts
AYE
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NAY ABSENT ABSTAIN