HomeMy WebLinkAbout2009-03-09-Resolutions 09-50_Willow Brook P2 Lot 30 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-50
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 30
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 ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,Ryan J.Deveraux and Melissa Schieffer,owners of Lot 30 of Willow Brook Plat 2
("Property Owner"),is desirous of installing a fence on his property;AND,
WHEREAS,Eastpark Development,L.L.C.,predecessor in title to the Property Owner granted
a Storm Sewer and Overland Easement to the City of Waukee which was accepted by the City of
Waukee and recorded with Dallas County,Iowa in Book 2004,Page 16659 and Eastpark
Development,L.L.c.granted 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 2004,Page
16665 (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 Easements 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 Easements area pursuant to the terms of the First Amendment to Storm Sewer and Overland
Flowage Easement and Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 9th day of March 2009 that the First Amendment to Storm Sewer and 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 fi such first
amendment to easement with the Dallas County,Iowa Re 'der.
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN