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HomeMy WebLinkAbout2024-01-15 I01G Easement Termination_DSDH Waukee AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: January 15, 2024 AGENDA ITEM: Consideration of approval of a resolution approving Termination of a Private Storm Sewer and Surface Water Flowage Easement [DSDH WAUKEE, LLC (f/k/a Coralville AAP, LLC)] FORMAT: Resolution SYNOPSIS INCLUDING PRO & CON: The owner of Outlot X of Williams Pointe Plat 2 has requested approval to terminate an existing private storm sewer and surface water flowage easement that is no longer necessary. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: The private easement is no longer needed and has been subsequently replaced with a new private easement. RECOMMENDATION: Approve the resolution ATTACHMENTS: I. Resolution PREPARED BY: Andy Kass, Community Development Director REVIEWED BY: PUBLIC NOTICE INFORMATION – NAME OF PUBLICATION: DATE OF PUBLICATION: I1G THE CITY OF WAUKEE, IOWA RESOLUTION 2024- A RESOLUTION APPROVING TERMINATION OF A PRIVATE STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT 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, a “Private Storm Sewer and Surface Water Flowage Easement” was granted by DSDH WAUKEE, LLC (f/k/a Coralville AAP, LLC) and recorded in Book 2022 Page 23697 of the Dallas County Recorder’s office (hereinafter referred to as “Private Storm Sewer and Surface Water Flowage Easement”); AND, WHEREAS, the Private Storm Sewer and Surface Water Flowage Easement is no longer necessary; AND WHEREAS, the current owners of the underlying fee title to the properties over which the easement is situated should no longer have their properties encumbered or otherwise burdened by the easement which no longer serves a public or private purpose. NOW THEREFORE BE IT RESOLVED by the City of Waukee City, that the above-described Private Storm Sewer and Water Main Easement is of no benefit to the public or the City. BE IT FURTHER RESOLVED by the City of Waukee City Council that the City does hereby permit DSDH WAUKEE, LLC (f/k/a Coralville AAP, LLC), the property owner, to terminate the Private Storm Sewer and Surface Water Flowage Easement described above. Passed by the City Council of the City of Waukee, Iowa, and approved this the 15th day of January, 2024. ____________________________ Courtney Clarke, Mayor Attest: ___________________________________ Rebecca D. Schuett, City Clerk RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN R. Charles Bottenberg Chris Crone Rob Grove Anna Bergman Pierce Ben Sinclair