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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 X X X X X NAY ABSENT ABSTAIN