HomeMy WebLinkAbout2008-03-24-Resolutions 08-62_Hawthorne Ridge P2 Lot 19 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-62
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT FOR LOT 19 OF HAWTHORNE RIDGE PLAT 2
IN THE NAME AND BY l1-IE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,McKenzie Allely,owner of Lot 19 of Hawthome Ridge Plat 2 (Property Owner),is
desirous of installing a fence on her property;AND,
WHEREAS,J&K Partners,predecessor in title to the Property Owners granted a Surface Water
Flowage Easement (Easement)to the City of Waukee which was accepted by the City of
Waukee and recorded with Dallas County,Iowa on May 21,1998 in Book 1998,Page 5143;
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 Surface Water Flowage
Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 24th day of March 2008 that the First Amendment to Surface Water Flowage Easement
granted to the City of Waukee 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:
ity Administrator/Clerk
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
NAYAYE
X
X
X
x
ABSENT
X
ABSTAIN