HomeMy WebLinkAbout2009-05-04-Resolutions 09-106_Grant Park Lot 21 - First Amendment to EasementTHE CITY OF W AUKEE,IOWA
RESOLUTION 09-106
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
RELATED TO LOT 21 OF GRANT PARK
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,CYNTHIA B.VINSAND,owner of Lot 21 of Grant Park ("Property Owner"),is
desirous of installing a fence on her property;AND,
WHEREAS,KE Brewer,L.L.c.,an Iowa limited liability company,predecessor in title to the
Property Owners granted an Overland Flowage Easement (the "Easement")to the City of
Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in
Book 2005,Page 12738;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 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 ofthe First Amendment to Overland Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 4th day of May 2009 that the First Amendment to Overland Flowage Easement in
counection 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.
Attest:
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Donald L.Bailey,If.X
Casey L.Harvey X
C.Isaiah McGee X
Darlene Stanton X
Mike Watts X