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HomeMy WebLinkAbout2011-11-07-Resolutions 11-208_Parkview Crossing P7 Lot 19 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 11-208 APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT RELATED TO LOT 19 OF PARKVIEW CROSSING PLAT? 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,LINDSAY DEFRANCE,owner of Lot 19 of Park view Crossing Plat 7 ("Propelty Owner")is desirous of installing a fence on the property;AND, WHEREAS,Jerry's Homes,Inc,an Iowa corporation,predecessor in title to the Property Owner 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 2005,Page 3409 (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 ofWaulcee;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 Storm Sewer and Surface Watcr Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this ih day of November,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 fITStamendment to easement with tile Dallas County,Iowa Recorder. ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Mike Watts AYE X X X X NAY ABSENT ABSTAIN