HomeMy WebLinkAbout2008-07-21-Resolutions 08-174_Grace Wood Lot 29 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-174
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT RELATED TO LOT 29 OF GRACEWOOD
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,Nathan S.and Nicole M.Struve,owners of Lot 29 of Gracewood ("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 ofthe
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 21 st 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.
Attest:
ooistra,City Administrator/Clerk
ROLL CALL VOTE
Donald L.Bailey,Jr,
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN