HomeMy WebLinkAbout2010-05-17-Resolutions 10-158_Mary Ann Estates P2 Lot 4 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-158
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOW AGE AND
DETENTION EASEMENT AND STORM SEWER AND SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO
LOT 4 OF MARY ANN ESTATES PLAT NO.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,MICHELE F.FIDLER,owner of Lot 4 of Mary Ann Estates Plat No.2 ("Property
Owner"),is desirous of installing a fence on the property;AND,
WHEREAS,Woodright Construction Limited,an Iowa corporation,predecessor in title to the
Property Owner granted a Surface Water Flowage and Detention Easement to the City of
Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in
Book 7,Page 679,and 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 7,Page 679,and a Public Utility Easement (collectively the "Easement")to the City of
Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in
Book 7,Page 679;AND,
WHEREAS,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 Surface Water Flowage and
Detention Easement and Storm Sewer and Surface Water Flowage Easement and Public Utility
Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 17th day of May 2010 that the First Amendment to Surface Water Flowage and Detention
Easement and Storm Sewer and Surface Water 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.
Attest:
.Kooistra,City Administrator/Clerk
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE
X
X
X
X
NAY ABSENT
X
ABSTAIN