HomeMy WebLinkAbout2009-03-23-Resolutions 09-64_Parkview Crossing P6 Lot 40 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-64
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
WATER FLOWAGE EASEMENT RELATED TO LOT 40 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,ROBERT JAMES ELLIOT AND DIANE RENE FELT,owners of Lot 40 of
Parkview Crossing Plat 6 ("Property Owners"),is desirous of installing a fence on their property;
AND,
WHEREAS,Jerry's Homes,Inc.,an Iowa corporation,predecessor in title to the Property
Owners granted a 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 2005,Page 172;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 Owners from locating any fence or other
structure within the Easement area without the written consent of the City ofWankee;AND,
WHEREAS,the City ofWankee is agreeable to the construction ofa 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 23rd day of March 2009 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 <heD"",County,I"~Recorder,~~
illi~ra,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