HomeMy WebLinkAbout2011-06-20-Resolutions 11-106_Grace Wood Lot 27 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-106
APPROVING THE FIRST AMENDMENT TO PERMANENT SURFACE WATER
FLOWAGE EASEMENT RELATED TO LOT 27 OF GRACEWOOD
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,TONY AND STEPHANY MESSER,owners of Lot 27 of Gracewood ("Propeliy
Owners")are desirous of installing a fence on the property;AND,
WHEREAS,Grace Wood Joint Venture,predecessor in title to the Property Owners granted a
Permanent 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 12030 (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 ofa fence within a portion of
the Easement area pursuant to the terms of the First Amendment to Permanent Surface Water
Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this zo"day of June,2011 that the First Amendment to Permanent 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.
Attest:
rr.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