HomeMy WebLinkAbout2009-11-16-Resolutions 09-234_Parkview Crossing P6 Lot 44 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-234
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
WATER FLOWAGE DRAINAGE EASEMENT AND SANITARY SEWER EASEMENT
RELATED TO LOT 44 OF PARKVIEW CROSSING PLAT 6
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,ELIZABETH A.PIHLABLD,owner of Lot 44 ofParkview Crossing Plat 6
("Property Owner"),is desirous of installing a fence on her 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 Drainageway 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 Sanitary Sewer 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 169;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 Drainage Easement and Sanitary Sewer Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 16th day of November 2009 that the First Amendment to Storm Sewer and Surface Water
Flowage Drainage Easement and Sanitary Sewer 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 Recor er.
Attest:
.Kooistra,City Administrator/ClerkJe
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
X
NAY
X
X
ABSENT
X
ABSTAIN