HomeMy WebLinkAbout2013-05-20-Resolutions 13-131_Grace Wood Lot 5 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-131
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT RELATED TO LOT 5 OF GRACEWOOD
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,NICHOLAS PERRY AND STACEY HEMINGWAY-PERRY,are the owners of
Lot 5 of Gracewood ("Propeliy Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Grace Wood Joint Venture,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 2005,Page 12030 (the "Easement");AND,
WHEREAS,the fence is intended to be erected within a portion ofthe 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 terms of the First Amendment to Surface Water Flowage
Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
Hils zo"day of May,2013 that the First Amendment to 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 the Dallas County,
Iowa Recorder.
Attest:
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Casey L.Harvey X
Shelly Hughes X
C.Isaiah McGee X
Mike Watts X