HomeMy WebLinkAbout2009-05-04-Resolutions 09-107_Grant Park Lot 79 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-107
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT(S)AND PUBLIC UTILITY EASEMENT RELATED TO LOT
79 OF GRANT PARK
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 F.AND JENNIFER N.HARRISON,owners of Lot 79 of Grant Park
("Property Owners"),are desirous of installing a fence on their property;AND,
WHEREAS,KE Brewer,L.L.C.,an Iowa limited liability company,predecessor in title to the
Property Owners granted a Storm Sewer and Overland Flowage Easement(s)to the City of
Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in
Book 2005,Page 12737,and a Public Utility Easement (collectively the "Easement")to the City
of Waukee which was accepted by the City ofWaulcee and recorded with Dallas County,Iowa in
Book 2005,Page 12735;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 ofWauJcee;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 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 4th day of May 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 file such first
amendment to easement with the Dallas County,Iowa Recorder.
Attest:
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Donald L.Bailey,Jr.X
Casey L.Harvey X
C.Isaiah McGee X
Darlene Stanton X
Mike Watts X