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HomeMy WebLinkAbout2013-04-15-Resolutions 13-091_Parkview Crossing P7 Lot 1 - First Amendment to EasementTHE CITY OF WAUKEE,lOW A RESOLUTION 13-091 APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT RELATED TO LOT 1 OF PARKVIEW CROSSING PLAT 7 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal Organization;AND, WHEREAS,BRANDON M.AND PAULA E.STAGEMAN,are the owners of Lot 1 of Parkview Crossing Plat 7 ("Property Owners");AND, WHEREAS,the Property Owners are desirous of installing a fence on the property;AND, WHEREAS,Jerry's Homes,Inc.,and Iowa corporation,predecessor in title to the Property Owners granted a Storm Sewer and Surface Water Flowage Easement which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2005,Page 3409 (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 tenus 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 15th day of April,2013 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 tho Dallas County,Iowa Recorder.~ ~~. Attest:A~~dA= Tim Moerman,City Administrator ROLL CALL VOTE Shane Blanchard Casey L.Harvey Shelly Hughes Mike Watts VACANT SEAT AYE X X X X NAY ABSENT ABSTAIN