HomeMy WebLinkAbout2010-06-07-Resolutions 10-172_Indigo Ridge P2 Lot 23 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-172
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
WATER FLOWAGE EASEMENT RELATED TO LOT 23 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 of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,WILLIAM J.AND STEPHANIE J.SAND,owners of Lot 23 of Indigo Ridge Plat
2 ("Property Owners"),are desirous of installing a fence on their property;AND,
WHEREAS,Jerry's Homes,Inc.,predecessor in title to the Property Owners,granted that
certain Storm Sewer and Surface Water Flowage Easement,which was accepted by the City of
Waukee (the "Easement")and recorded with Dallas County,Iowa in Book 1999,Page 014328;
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 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 7th day of June 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.
.Kooistra,City Administrator/Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Darlene Stanton X
Mike Watts X