HomeMy WebLinkAbout2013-07-15-Resolutions 13-181_Westown Meadows P1 Lot 13 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-181
APPROVING THE FIRST AMENDMENT TO SANITARY SEWER EASEMENT AND
SANITARY SEWER AND OVERLAND FLOWAGE EASEMENT RELATED TO LOT
13 OF WEST OWN MEADOWS PLAT 1
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,MASTER CRAFTED HOMES,INC.,is the owner of Lot 13 of West own
Meadows Plat 1 ("Property Owner");AND,
WHEREAS,the Property Owner is desirous of installing a fence on the property;AND,
WHEREAS,ARAC,L.L.c.,an Iowa limited liability company,predecessor in title to the
Property Owner granted that certain Sanitary Sewer Easement which was accepted by the City of
Waukee and recorded with Dallas County,Iowa in Book 2013,Page 318,and a Sanitary Sewer
and Overland Flowage Easement which was accepted by the City of Waukee and recorded with
Dallas County,Iowa in Book 2013,Page 319 (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 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 ofa fence within a portion of
the Easement area pursuant to the terms of the First Amendment to Sanitary Sewer Easement and
Sanitary Sewer and Overland Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa 011
this 151h day ofJuly,2013 that the First Amendment to Sanitary Sewer Easement and Sanitary
Sewer and Overland Flowage 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 Rec der.
Attest:~t·.~
Rebecca D.Schuett,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