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:
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ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
Mike Watts
VACANT SEAT
AYE
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NAY ABSENT ABSTAIN