HomeMy WebLinkAbout2009-04-06-Resolutions 09-77_Westgate P7 Lot 8 - First Amendment to EasementTHE CITY OF WAUKEE,lOW A
RESOLUTION 09-77
APPROVING THE FIRST AMENDMENT TO DETENTION AND OVERLAND
FLOWAGE EASEMENT AND STORM SEWER AND OVERLAND FLOWAGE
EASEMENT RELATED TO LOT 8 OF WESTGATE PLAT 7
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,CRIS AND JODI SWAIM,owner of Lot 8 of Westgate Plat 7 ("Property
Owners"),is desirous of installing a fence on their property;AND,
WHEREAS,Westgate Partnership,an Iowa general partnership by Michael R.Meyers
Properties,Inc.,General Partner by John D.Gamble,Secretary,predecessor in title to the
Property Owners granted a Detention and Overland Flowage Easement to the City of Waukee
which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book
2004,Page 10436;and a Storm Sewer and Overland Flowage Easement (collectively the
"Easement")to the City of Waukee which was accepted by the City of Waukee and recorded
with Dallas County,Iowa in Book 2004,Page 10434;AND,
WHEREAS,a portion of the proposed 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 Detention and Overland
Flowage Easement and Storm Sewer and Overland Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 6th day of April 2009 that the First Amendment to Surface Water 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 wi he Dallas County,
Iowa Recorder.
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN