HomeMy WebLinkAbout2010-06-07-Resolutions 10-173_Sunrise Meadows P2 Lot 7 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-173
APPROVING THE FIRST AMENDMENT TO PERMANENT PUBLIC UTILITY AND
SURFACE WATER FLOWAGE EASEMENT RELATED TO LOT 7 OF SUNRISE
MEADOWS PLAT 2
INTHENAMEANDBYTHEAUTHORITYOFTHECITYOFWAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JEREMY J.AND KRISTI L.PETERSEN,owners of Lot 7 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 Permanent Public Utility and Surface Water Flowage Easement that was accepted by
the City of Waukee and recorded with Dallas County,Iowa in Boole 2001,Page 11487;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 ofthe City of Waukee;AND,
WHEREAS,the City of Waukee is agreeahle to the construction of a fence within a portion of
the Easement area pursuant to the terms of the First Amendment to Permanent Public Utility
Easement and Surface Water Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this ih day of June 2010 that the First Amendment to Permanent Puhlic Utility and Surface
Water Flowage Easement in connection with the Property is hereby approved and accepted by
the City ofWauleee,and the City Clerk is hereby authorized to file such first amendment to
easement with the Dallas County,Iowa Recorder.
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Darlene Stanton X
Mike Watts X