HomeMy WebLinkAbout2009-09-14-Resolutions 09-181_Parkview Crossing P7 Lot 27 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-181
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
W ATER FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO
LOT 27 OF P ARKVIEW CROSSING PLAT 7
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,MASON Q.AND JENNIFER S.COOPER,owners of Lot 27 of Park view
Crossing Plat 7 ("Property Owner"),are desirous of installing a fence on their property;AND,
WHEREAS,Jerry's Homes,Inc.,an Iowa corporation,predecessor in title to the Property
Owners granted a Storm Sewer and Surface Water Flowage Easement to the City of Waukee
which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book
2005,Page 3409,and a Public Utility Easement (collectively the "Easement")which was
accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2005,Page
3409;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 Storm Sewer and Surface
Water Flowage Easement and Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Waukee,Iowa on
this 14th day of September 2009 that the First Amendment to Storm Sewer and Surface Water
Flowage Easement and Public Utility 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,JI.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN