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HomeMy WebLinkAbout2009-03-23-Resolutions 09-63_Parkview Crossing P1 Lot 27 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 09-63 APPROVING THE FIRST AMENDMENT TO PERMANENT STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT RELATED TO LOT 27 OF P ARKVIEW CROSSING PLAT 1 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,THERESA A.GRIGGS REVOCABLE TRUST,owner of Lot 27 ofParkview Crossing Plat 1 ("Property Owner"),is desirous of installing a fence on her property;AND, WHEREAS,Gerald D.Grubb and Nancy A.Grubb,predecessor in title to the Property Owner granted a Permanent Storm Sewer and Surface Water Flowage Easement (the "Easement")to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County, Iowa in Book 1999,Page 006515;AND, WHEREAS,a portion of the proposed 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 Storm Sewer and Surface Water Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 23rd day of March 2009 that the First Amendment to Perrnanent 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 D"",,,County,Iowa Recorder.~ ~rd'MaYOr Attest: ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE NAY x X X X ABSENT X ABSTAIN