HomeMy WebLinkAbout2013-07-01-Resolutions 13-166_Painted Woods P2 Lot 17 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-166
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT RELATED TO LOT 17 OF PAINTED WOODS 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,GRANT AND TAYLOR G.RUGE,are the owners of Lot 17 of Painted Woods
Plat 2 ("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Painted Woods Development Company Joint Venture,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 2007,Page 4326 (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.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 1st day of July,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:
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Rebecca D.Schuett,City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Casey L.Harvey X
Shelly Hughes X
C.Isaiah McGee X
Mike Watts X