HomeMy WebLinkAbout2011-06-20-Resolutions 11-105_Glynn Village P1 Lot 47 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-105
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 47 OF GLYNN
VILLAGE 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,KRISTOPHER R.AND AMY S.WALDORF,owners of Lot 47 of Glynn Village
Plat 1 ("Property Owners")are desirous of installing a fence on the property;AND,
WHEREAS,Hubbell Metropolitan Development Fund 1,LLC,predecessor in title to the
Property Owners granted a 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 2006,Page
3297,and a Public Utility Easement to the City of Waukee which was accepted by the City of
Waukee and recorded with Dallas County,Iowa in Book 2006,Page 3295 (collectively 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 Surface Water Flowage
Easement and Public Utility 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 Surface Water Flowage Easement and
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.
Attest:
1.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