HomeMy WebLinkAbout2012-09-10-Resolutions 12-196_Parkview Crossing P3 Lot 17 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 12-196
APPROVING THE FIRST AMENDMENT TO EASEMENT FOR SURFACE WATER
FLOWAGE AND AN EASEMENT FOR STORM SEWER RELATED TO LOT 17 OF
PARKVIEW CROSSING PLAT 3
INTHENAMEANDBYTHEAUTHORITYOFTHECITYOFWAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,DONALD W.AND BARBARA WENTE,are the owners of Lot 17 of Park view
Crossing Plat 3 ("Propeliy Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Gerald D.Grubb,Inc.,predecessor in title to the Property Owners granted an
Easement for Surface Water Flowage Easement which was accepted by the City of Waukee and
recorded with Dallas County,Iowa in Book 2002,Page 12880,and granted an Easement for
Storm Sewer which was accepted by the City of Waukee and recorded with Dallas County,Iowa
in Book 2002,Page 12882 (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 pursnant to the terms of the First Amendment to Easement for Surface Water
Flowage and an Easement for Storm Sewer.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this io"day of September,2012 that the First Amendment to Easement for Surface Water
Flowage and an Easement for Storm Sewer in connection with the Property is hereby approved
and accepted by the City of Waukee,and the City Clerk is hereby authorized to 1 such first
amendment to easement with the Dallas County,Iowa Re rder,
Attest:
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Shelly Hughes
Mike Watts
AYE
X
NAY
X
X
X
ABSENT
X
ABSTAIN