HomeMy WebLinkAbout2011-06-20-Resolutions 11-108_Hemingway P1 Lot 51 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-108
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
WATER FLOWAGE EASEMENT RELATED TO LOT 51 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,MADELINE CUTOLO-CRAlN AND DOUG BENSON,owners of Lot 51 of
Hemingway Plat 1 ("Property Owners")are desirous of installing a fence on the property;AND,
WHEREAS,Stephen R.Grubb,as President of Boardwalk Development Company,No.II,
L.L.C.,an Iowa coporation,predecessor in title to the Property Owners 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 2006,Page 1203 (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 StOlID Sewer and 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 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.
Attest:
ity 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