HomeMy WebLinkAbout2011-09-12-Resolutions 11-174_Hemingway P1 Lot 86 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-174
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT RELATED TO LOT 86 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 of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,JEFFREY D.WHITON,owner of Lot 86 of Hemingway Plat 1 ("Property
Owner")is 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 corporation,predecessor in title to the Property Owner 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 1201(the "Easement");AND,
WHEREAS,the fence is intended to be erected within a portion ofthe Easement;AND,
WHEREAS,the Easement prohibits the Property Owner 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 of the City of Waukee,Iowa on
this 12th day of September,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.
Jeffrey
Attest:
ooistra,City Administrator/Clerk
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN