HomeMy WebLinkAbout2010-04-19-Resolutions 10-104_Sunrise Meadows P2 Lot 1 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-104
APPROVING THE FIRST AMENDMENT TO PERMANENT STORM SEWER AND
OVERLAND FLOW AGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED
TO LOT 1 OF SUNRISE MEADOWS 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,RONALD A.AND SANDRA V.CONN,owners of Lot 1 of Sunrise Meadows
Plat 2 ("Property Owners"),are desirous of installing a fence on their property;AND,
WHEREAS,Downing Development,Ltd.,predecessor in title to the Property Owners,granted
that certain Storm Sewer and Overland Flowage Easement,dated August 20,2001,recorded on
September 26,2001,in Book 2001,Page 11486,and a Public Utility Easement,dated August 20,
2001,recorded on September 26,2001,in Book 2001,Page 11484;AND,
WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the
Easenlent;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 Permanent Storm Sewer and
Overland Flowage Easement and Public Utility 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 Permanent Storm Sewer and Overland
Flowage Easement and Public Utility 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.
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN