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HomeMy WebLinkAbout2009-08-03-Resolutions 09-160_Parkview Crossing P1 Lot 28 - First Amendment to EasementTHE CITY OF W AUKEE,IOWA RESOLUTION 09-160 APPROVING THE FIRST AMENDMENT TO PERMANENT STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT RELATED TO LOT 28 OFPARKVIEW CROSSING PLAT 1 IN THE NAME AND BY THE A UTHORlTY OF THE CITY OF WA UKEE,lOW A WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,JON M.AND SONJA L.CHRISTOFFERSON,owners of Lot 28 of Park view Crossing Plat I ("Property Owner"),is desirous of installing a fence on their property;AND, WHEREAS,Gerald D.Grubb and Nancy A.Grubb,predecessor in title to the Property Owner granted a Permanent Storm Sewer and Surface Water 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 1999,Page 006515;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 Permanent Storm Sewer and Surface Water Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 3rd day of August 2009 that the First Amendment to Permanent Storm Sewer and Surface Water 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. Pro Tern Attest: /Kooistra,City Administrator/Clerk ROLL CALL VOTE Donald L.Bailey,II. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X X X NAY ABSENT X X ABSTAIN