HomeMy WebLinkAbout2011-06-20-Resolutions 11-107_Hawthorne Ridge P2 Lot 18 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-107
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT RELATED TO LOT 18 OF HAWTHORNE RIDGE PLAT 2
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,JOELL L.AND ELLIS L.HERRICK,owners of Lot 18 of Hawthome Ridge Plat
2 ("Propelty Owners")are desirous of installing a fence on the property;AND,
WHEREAS,J&K Partners,an Iowa cop oration,predecessor in title to fue 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 1998,Page 5143 (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 of the First Amendment to Surface Water Flowage
Easement.
NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Waukee,Iowa on
this zo"day of June,2011 that the First Amendment to 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:
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Darlene Stanton X
Mike Watts X