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HomeMy WebLinkAbout2013-07-01-Resolutions 13-167_Willow Brook P2 Lot 8 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 13-167 APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 8 OF WILLOW BROOK PLAT 2 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,MICHAEL AND MALLORY DAVIS,are the owners of Lot 8 of Willow Brook Plat 2 ("Property Owners");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Eastpark Development,L.L.C,an Iowa limited liability company,predecessor in title to the Property Owners granted that certain Overland Flowage Easement whicb was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2004,Page 16662,and a Public Utility Easement which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2004,Page 16665 (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 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 1st day of July,2013 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.~~ ~F.'Peard,Mayor Attest: ~J2.)2dfMth} Rebecca D.Scliuett,CIty Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Shane Blanchard X Casey L.Harvey X Shelly Hughes X C.Isaiah McGee X Mike Watts X