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HomeMy WebLinkAbout2010-04-19-Resolutions 10-103_Grace Wood Lot 14 - First Amendment to EasementTHE CITY OF WAUKEE,lOW A RESOLUTION 10-103 APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE EASEMENT RELATED TO LOT 14 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,DANIEL PETTIT,owner of Lot 14 of Gracewood (the "Property Owner"),is desirous of installing a fence on his property;AND, WHEREAS,Grace Wood Joint Venture predecessor in title to the Property Owners,granted that certain Surface Water Flowage Easement,dated June 24,2005,recorded on August 1,2005,in Book 2005,Page 12030;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 ofa 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 19th day of April 2010 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: ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAIN