HomeMy WebLinkAbout2010-10-18-Resolutions 10-278_Hemingway P1 Lot 90 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-278
APPROVING THE FIRST AMENDMENT TO TEMPORARY FORCE FLOW MAIN
EASEMENT AND SURFACE WATER FLOWAGE EASEMENT RELATED TO LOT 90
OF HEMINGWAY PLAT 1
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,BOARDWALK DEVELOPMENT COMPANY NO.II,L.L.C.,owner of Lot 90
of Hemingway Plat 1 ("Property Owner"),is desirous of installing a fence on the property;AND,
WHEREAS,Stephen R.Grubb,as President of Board walle Development Company,No.Il,
L.L.c.,an Iowa corporation,granted a Temporary Force Flow Main Easement to the City of
Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in
Book 2006,Page 1205,and a Surface Water Flowage 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 2006,Page 1201;AND,
WHEREAS,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 Temporary Force Flow Main
Easement and Surface Water Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 18th day of October 2010 that the First Amendment to Temporary Force Flow Main
Easement 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 COlUIty,Iowa Recorder.
Attest:
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Darlene Stanton X
Mike Watts X