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HomeMy WebLinkAbout2013-04-15-Resolutions 13-088_Glynn Village P3 Lot 34 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 13-088 APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 34 OF GLYNN VILLAGE PLAT 3 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 Mnnicipal Organization;AND, WHEREAS,ROBERT JAMES AND SARA REILLY,are the owners of Lot 34 of Glynn Village Plat 3 ("Property Owner");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Hubbell Metropolitan Development Fund I,LLC (Series E),predecessor in title to the Property Owners granted a Surface Water Flowage Easement which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2008,Page 14189,and a Public Utility Easement which was accepted by the City of Waukee and recorded with Dallas County, Iowa in Book 2008,Page 14187 (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 OT 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 ofa fence within a portion of the Easement area pursuant to the terms of the First Amendment to 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 15th day of April,2013 that the First Amendment to 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 D""",County,Iowa Recorder,~~~ 1 ~eard,Mayo Attest: '-~.4~PY4& ROLL CALL VOTE Shane Blanchard Casey L.Harvey Shelly Hughes Mike Watts VACANT SEAT AYE X X X X NAY ABSENT ABSTAIN