HomeMy WebLinkAbout2013-03-18-Resolutions 13-059_Clayton Commons P1 Lot 8 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-059
APPROVING THE FIRST AMENDMENT TO PUBLIC SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 8 OF
CLAYTON COMMONS PLAT 1
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas COlUIty,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,MICHAEL 1.AND KELLI R.UNWIN,are the owners of Lot 8 of Clayton
Connnons Plat 1 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,THE CITY OF WAUKEE,a municipal corporation,predecessors in title to the
Property Owners granted a Public Surface Water Flowage Easement which was accepted by the
City of Waukee and recorded with Dallas County,Iowa in Book 2009,Page 18373,and a Public
Utility Easement which was accepted by the City of Waukee and recorded with Dallas COlUIty,
Iowa in Book 2009,Page 18372 (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 pursuant to the terms of the First Amendment to Public Surface Water
Flowage Easement and Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 181h day of March,2013 that the First Amendment to Public Surface Water Flowage
Easement and Public Utility 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.
Tim Moerman,City Administrator
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Shelly Hughes X
Mike Watts X