HomeMy WebLinkAbout2010-06-07-Resolutions 10-174_Sunrise Meadows P2 Lot 8 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-174
APPROVING THE FIRST AMENDMENT TO PERMANENT PUBLIC UTILITY AND
SURFACE WATER FLOWAGE EASEMENT AND PERMANENT PUBLIC UTILITY
EASEMENT RELATED TO LOT 8 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 of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,CHARLES D.AND SIGRID D.HAREM,owners of Lot 8 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 COUlIty,Iowa in Book 2001,Page 11487,and a
Public Utility Easement that was accepted by the City ofWaulcee and recorded with Dallas
C01Ulty,Iowa in Book 2001,Page 11484,;AND,
WHEREAS,a portion of the proposed 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 Pennanent Public Utility
Easement and Surface Water Flowage Easement and Permanent Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City ofWaulcee,Iowa on
this 7'h day of June 2010 that the First Amendment to Permanent Public Utility and Surface
Water Flowage Easement and Permanent 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.
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ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Darlene Stanton X
Mike Watts X