HomeMy WebLinkAbout2011-11-07-Resolutions 11-207_Grace Wood Lot 28 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-207
APPROVING THE FIRST AMENDMENT TO PERMANENT SURFACE WATER
FLOWAGE EASEMENT RELATED TO LOT 28 OF GRACEWOOD
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,KYLE CASEY,owner of Lot 28 of Gracewoood ("Propeliy Owner")is desirous
of installing a fence on the property;AND,
WHEREAS,Grace Wood Joint Venture,predecessor in title to the Property Owner granted a
Permanent 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 2005,Page 12030 (the
"Easement")'AND,,
WHEREAS,the fence is intended to be erected within a portion of the 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 Permanent Surface Water
Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 7th day of November,2011 that the First Amendment to Permanent Surface Water Flowage
Easement in connection witb the Property is hereby approved and accepted by the City of
Waukee,and the City Clerk is hereby authorized to file such first amen r ent to easement with
the Dallas County,Iowa Recorder.
Attest:
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Mike Watts
AYE
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NAY ABSENT ABSTAIN