HomeMy WebLinkAbout2011-05-09-Resolutions 11-74_Parkview Crossing P6 Lot 17 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-74
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
WATER FLOWAGE EASEMENT RELATED TO LOT 17 OF P ARKVIEW CROSSING
PLAT 6
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,KELLY P.AND TRACY A.TROSTER,owners of Lot 17 of Park view Crossing
Plat 6 ("Property Owners")are desirous of installing a fence on the property;AND,
WHEREAS,Jerry's Homes,Inc.,an Iowa corporation,predecessor in title to the Property
Owner granted 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
2005,Page 172 (the "Easement");AND,
WHEREAS,the 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 ofthe First Amendment to Storm Sewer and Surface
Water Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 9th day of May,2011 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.
Je~nreNIlL/
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN