HomeMy WebLinkAbout2009-10-19-Resolutions 09-213_Parkview Crossing P7 Lot 22 - First Amendment to EasementTHE CITY OF WAUKEE,row A
RESOLUTION 09-213
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
WATER FLOWAGE EASEMENT RELATED TO LOT 22 OF PARKVIEW CROSSING
PLAT?
IN THE NAME AND BY THE A UTHORITY 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,NICHOLAS S.AND CAMERON SPAIN,owners of Lot 22 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 (the "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,
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 ofa fence within a portion of
the Easement area pursuant to the terms of the First Amendment to Storm Sewer and Surface
Water Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 19th day of October 2009 that the First Amendment to 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.
Attest:
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Donald L.Bailey,Jr.X
Casey L.Harvey X
C.Isaiah McGee X
Darlene Stanton X
Mike Watts X