HomeMy WebLinkAbout2013-06-03-Resolutions 13-144_Indigo Ridge P3 Lot 28 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-144
APPROVING THE FIRST AMENDMENT TO EASEMENT FOR SURFACE WATER
FLOWAGE RELATED TO LOT 28 OF INDIGO RIDGE PLAT 3
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,SCOTT ROOD AND ALISON HOWARD,are the owners of Lot 28 ofIndigo
Ridge Plat 3 ("Propeliy 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 Surface Water Flowage which was accepted by the
City of Waukee and recorded with Dallas County,Iowa in Book 2001,Page 9926 (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 terms of the First Amendment to Easement for Surface Water
Flowage.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
tins 3rd day of June,2013 that the First Amendment to Easement for 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 such first amendment to easement with the Dallas County,
Iowa Recorder.
Attest:
Tim Moermld'i,City Administrator
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Casey L.Harvey X
Shelly Hughes X
C.Isaiah McGee X
Mike Watts X