HomeMy WebLinkAbout2008-07-07-Resolutions 08-152_Grace Wood Lot 23 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-152
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT RELATED TO LOT 23 OF GRACEWOOD
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal
Organization;AND,
WHEREAS,Steven P.and Elizabeth R.Bennett,owners and Shawn Bierman and Melissa
Parker,contract owners of Lot 23 of Gracewood (collectively "Property Owners"),are desirous
of installing a fence on their property;AND,
WHEREAS,Grace Wood Joint Venture,predecessor in title to the Property Owners granted a
Surface Water Flowage Easement to the City of Waukee which was accepted by the City of
Waukee and recorded with Dallas County,Iowa on August 1,2005,in Book 2005,Page 12030
("Easement")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 7'h day of July 2008 that the First Amendment to 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.
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C.Isaiah McGee,Mayor fuTem
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