HomeMy WebLinkAbout2009-05-18-Resolutions 09-119_Grant Park Lot 32 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-119
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
AND PUBLIC UTILITY EASEMENT RELATED TO LOT 32 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,MICHAEL W.SEARLS,owner of Lot 32 of Grant Park ("Property Owner"),is
desirous of installing a fence on his 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 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 a Public Utility 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 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 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 of a fence within a portion of
the Easement area pursuant to the terms of the First Amendment to Overland Flowage Easement
and Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 18th day of May 2009 that the First Amendment to 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.
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