HomeMy WebLinkAbout2012-07-02-Resolutions 12-153_Parkview Crossing P6 Lot 21 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 12-153
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
WATER FLOWAGE EASEMENT RELATED TO LOT 21 OF PARKVIEW CROSSING
PLAT 6
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,RICHARD D.AND SUSAN K.KYSER,are the owners of Lot 21 ofParleview
Crossing Plat 6 ("Propelty Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Jerry's Homes,Inc.,an Iowa corporation,predecessors in title to the Property
Owners granted a Storm Sewer and Surface Water Flowage Easement which was accepted by the
City of Waukee and recorded with Dallas County,Iowa in Book 2005,Page 172 (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 Storm Sewer and Surface
Water Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 2nd day of July,2012 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:
Bradly M.D~ets,Interim City Administrator/Clerk
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Shelly Hughes
Mike Watts
AYE
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NAY ABSENT ABSTAIN