HomeMy WebLinkAbout2010-05-03-Resolutions 10-127_Indigo Ridge P2 Lot 27 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-127
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
WATER FLOWAGE EASEMENT RELATED TO LOT 27 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 oflowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JOHN P.AND MELISSA K.DELANEY,owners of Lot 27 oflndigo Ridge Plat 2
("Property Owners"),are desirous of installing a fence on the property;AND,
WHEREAS,Jerry's Homes,Inc.,predecessor in title to the Property Owners granted a Storm
Sewer and Surface water Flowage Easement (the "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;AND,
WHEREAS,fence is intended to be erected within a portion ofthe Easement;AND,
WHEREAS,the Easement prohibits the Property Owners 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 StOlID Sewer and Surface
Water Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 3Td day of May 2010 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:
'1.Kooistra,City Administrator/ClerkJ
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN