HomeMy WebLinkAbout2011-09-26-Resolutions 11-182_Spyglass Lot 44 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-182
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 44 OF
SPYGLASS
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,JEREMY S.AND KATIE M.HUSK,owners of Lot 44 of Spyglass ("Property
Owners")are desirous of installing a fence on the property;AND,
WHEREAS,Spyglass Development Co.,L.C.,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 2004,Page 19950,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 2004,Page 19950 (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 of the 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 26th day of September,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 ofWaulcee,and the City Clerk is hereby authorized to file such first rendment to
easement with the Dallas County,Iowa Recorder.
Attest:
.Kooistra,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