HomeMy WebLinkAbout2008-11-03-Resolutions 08-242_Williams Pointe P10 Lot 6 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-242
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
AND PUBLIC UTILITY EASEMENT RELATED TO LOT 6 OF WILLIAMS POINTE
PLAT 10
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,Jacalyn Priestley,owner of Lot 6 of Williams Pointe Plat 10 ("Property Owner"),
are desirous of installing a fence on her property;AND,
WHEREAS,Williams Pointe Development Il,L.C.,predecessor in title to the Property Owner
granted an Overland Flowage Easement to the City of Waukee which was accepted by the City
ofWauleee and recorded with Dallas County,Iowa in Boole 2006,Page 9462 and a Public Utility
Easement to the City of Waukee which was accepted by the City of Waukee and recorded with
Dallas County,Iowa in Book 2006,Page 9458 ("collectively Easements")AND,
WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the
Easements;AND,
WHEREAS,the Easements prohibit 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 the terms of the First Amendment to Overland Flowage Easement
and Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 3'd day of November 2008 that the First Amendment to 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,Iowa Recorder.
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Donald L.Bailey,II.X
Casey L.Harvey X
C.Isaiah McGee X
Darlene Stanton X
Mike Watts X