HomeMy WebLinkAbout2009-10-19-Resolutions 09-214_Willow Brook P4 Lot 27 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-214
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
WATER FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO
LOT 27 OF WILLOW BROOK PLAT 4
IN THE NAME AND BY THE AUTHORlTY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,MEADOWBROOK BUILDERS,LLC,owner of Lot 27 of Willow Brook Plat 4
("Propeliy Owner"),is desirous of installing a fence on their property;AND,
WHEREAS,Eastpark Development,Inc.,an Iowa corporation,predecessor in title to the
Property Owner 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 2004,Page 16659,and a Public Utility Easement (collectively 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 16609;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 of the City of Waukee,Iowa on
this 19th day of October 2009 that the First Amendment to St01111Sewer 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 casement 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