HomeMy WebLinkAbout2013-05-06-Resolutions 13-118_Parkview Crossing P3 Lot 15 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-118
APPROVING THE FIRST AMENDMENT TO EASEMENT FOR SURFACE WATER
FLOWAGE EASEMENT AND AN EASEMENT FOR STORM SEWER RELATED TO
LOT 15 OF PARKVIEW CROSSING PLAT 3
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,ROBERT M.VOGEL,is the owner of Lot 15 ofParkview Crossing Plat 3
("Property Owner");AND,
WHEREAS,the Property Owner is desirous of installing a fence on the property;AND,
WHEREAS,Gerald D.Grubb,Inc.,predecessor in title to the Property Owner granted an
Easement for Surface Water Flowage which was accepted by the City of Waukee and recorded
with Dallas County,Iowa in Book 2002,Page 12880,and an Easement for StOlID Sewer,which
was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2002,Page
12882 (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 Owner 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 Easement for Surface Water
Flowage and an Easement for Storm Sewer.
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 Surface Water Flowage and
an Easement for Storm Sewer in connection with the Property is hereby approved and accepted
by the City ofWaulcee,and the City Clerk is hereby authorized to file such first amendment to
easement with the Dallas County,Iowa Recorder.
Tim Moerm~,City Administrator
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
C.Isaiah McGee
Mike Watts
AYE
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NAY ABSENT ABSTAIN