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HomeMy WebLinkAbout2008-08-04-Resolutions 08-187_Indigo Ridge P2 Lot 16 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 08-187 APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT RELATED TO LOT 16 OF INDIGO RIDGE PLAT 2 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,Gary Sobek and Amy Miller-Stephenson,owners of Lot 16 of Indigo Ridge Plat 2 ("Propeliy Owners"),are desirous of installing a fence on their property;AND, WHEREAS,Jerry's Homes,Inc.,predecessor in title to the Property Owners 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 1999,Page 014328 ("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 Storm Sewer and Surface Water Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 4th day of August 2008 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: oistra,City Administrator/Clerk ROLL CALL VOTE Donald L.Bailey,JI. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X X X NAY ABSENT X X ABSTAIN