HomeMy WebLinkAbout2013-06-17-Resolutions 13-154_Glynn Village P1 Lot 15 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-154
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 15 OF GLYNN
VILLAGE PLAT 1
IN THE NAME AND BY THEAUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ADAM D.NOLAN AND TIFFANY L.CUMPSTON,aTC the owners of Lot 15 of
Glyrm Village Plat 1 ("Propeliy Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fencc on the property;AND,
WHEREAS,Hubbell Metropolitan Development Fund I,LLC (Series E),predecessor in title to
the Property Owners granted that certain Surface Water Flowage Easement which was accepted
by the City of Waukee and recorded with Dallas County,Iowa in Book 2006,Page 3298;and a
Public Utility Easement which was accepted by the City of Waukee and recordeed with Dallas
County,Iowa in Book 2006,Page 3295 (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 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 and Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 17th day of June,2013 that the First Amendment to Surface Water Flowage Easement and
Public Utility 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:
lfM!Mt4d~
Rebecca D.Schuett,City Clerk
ROLL CALL VOTE
Shane Blanchard
Casey L.Harvey
Shelly Hughes
C.Isaiah McGee
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN