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