HomeMy WebLinkAbout2007-11-19-Resolutions 07-248_Williams Pointe P4 Lot 9 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 07-248
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
FOR LOT 9 OF WILLIAMS POINTE PLAT 4
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,Gary L and Catherine L Harstick,owners of Lot 9 of Williams Pointe Plat 4
(Property Owners),are desirous of installing a fence on theirproperty;AND,
WHEREAS,Williams Turf Farms,Inc.,predecessor in title to the Property Owners granted an
Overland Flowage Easement (Easement)to the City of Waukee which was accepted by the City
of Waukee and recorded with Dallas County,Iowa on October 13,2004 in Book 2004,Page
16140;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 Overland Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 19'h day of November 2007 that the First Amendment to Overland Flowage Easement
granted to the City of Waukee in connection with the Properly 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:
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I
ROLL CALL VOTE
Donald L.Bailey,Jr.
Isaiah McGee
Jeff Mertz
Darlene Stanton
Mike Watts
AYE
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X
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X
NAY ABSENT
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