HomeMy WebLinkAbout2009-05-18-Resolutions 09-118_Westgate P6 Lot 18 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-118
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT RELATED TO LOT 18 OF WESTGATE PLAT 6
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal
Organization;AND,
WHEREAS,SPENCER P.AND VIVIAN H.KIRK,owners of Lot 18 of Westgate Plat 6
("Propelty Owners"),are desirous of installing a fence on their property;AND,
WHEREAS,Westgate Partnership,an Iowa general partnership by Michael R.Myers
Properties,Inc.,General Partner,by John D.Gamble,Secretary,predecessor in title to the
Property Owners granted a Storm Sewer and 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 2004,Page 10434;AND,
WHEREAS,a portion of the proposed fence is intended to be erected within a portion oftbe
Easement;AND,
WHEREAS,the Easement prohibits tbe Property Owners from locating any fence or other
structure within tbe Easement area without tbe written consent of the City ofWankee;AND,
WHEREAS,the City of Waukee is agreeable to the construction of a fence within a portion of
tbe Easement area pursuant to the terms of the First Amendment to Storm Sewer and Overland
Flowage 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 Storm Sewer and Overland 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 with
tbe Dallas County,Iowa Recorder.
Attest:
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