HomeMy WebLinkAbout2013-05-06-Resolutions 13-116_Indigo Ridge P2 Lot 13 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-116
APPROVING THE FIRST AMENDMENT TO EASEMENT FOR STORM SEWER AND
SURFACE WATER FLOW AGE RELATED TO LOT 13 OF INDIGO RIDGE PLAT 2
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,MATTHEW J.AND LAURA HOLLEN,are the owners of Lot 13 of Indigo Ridge
Plat 2 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Jerry's Homes,Inc.,an Iowa corporation,predecessor in title to the Property
Owners granted that certain Easement for Storm Sewer and Surface Water Flowage which was
accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 1999,Page
014328 (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 Easement for Storm Sewer
and Surface Water Flowage.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 6th day of May,2013 that the First Amendment to Easement for Storm Sewer and Surface
Water Flowage in connection with the Properly is hereby approved and accepted by the City of
Waukee,and the City Clerk is hereby authorized to file ch first amendment to easement with
the Dallas County,Iowa Recorder.
Tem
Attest:
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
C.Isaiah McGee
Mike Watts
AYE
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NAY ABSENT ABSTAIN