HomeMy WebLinkAbout2009-05-18-Resolutions 09-120_Williams Pointe P8 Lot 3 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-120
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND
FLOWAGE EASEMENT RELATED TO LOT 3 OF WILLIAMS POINTE PLAT 8
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,MATTHEW AND JENNIFER DEWALL,owners of Lot 3 of Williams Pointe Plat
8 ("Property Owners"),are desirous of installing a retaining wall on their property;AND,
WHEREAS,Williams Pointe Development,L.c.,an Iowa limited liability company,
predecessor in title to the Property Owners granted a Storm Sewer and Overland Flowage
Easement to the City of Waukee which was accepted by the City of Waukee and recorded with
Dallas County,Iowa in Book 2006,Page 13858;AND,
WHEREAS,a portion of the proposed retaining wall 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 retaining wall within a
portion ofthe 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
the Dallas County,Iowa Recorder.
Attest:
ROLL CALL VOTE
Donald L.Bailey,II.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN