HomeMy WebLinkAbout2008-09-22-Resolutions 08-217B_Glynn Village P1 Lot 19 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-217B
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 19 OF GLYNN
VILLAGE PLAT 1
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,Brian and Shannon Allen,owners of Lot 19 of Glynn Village Plat 1 ("Property
Owner"),is desirous of installing a fence on his property;AND,
WHEREAS,Hubbell Metropolitan Development Fund I,LLC (Series E),predecessor in title to
the Property Owner granted a Surface Water Flowage Easement to the City of Waukee which
was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2006,Page
3298 and a Public Utility Easement to the City of Waukee which was accepted by the City of
Waukee and recorded with Dallas County,Iowa in Book 2006,Page 3295 (collectively
"Easements");AND,
WHEREAS,a portion ofthe proposed fence is intended to be erected within a portion of the
Easements;AND,
WHEREAS,the Easements prohibit the Property Owner from locating any fence or other
structure within the Easements 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 Easements area pursuant to the terms ofthe 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 011
this nnd day of September 2008 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 ofWaulcee,and the City Clerk is hereby authorized to file such first endment to
easement with the Dallas County,Iowa Recorder.
Attest:
KOOIstra,City Administrator/Clerk
ROLL CALL VOTE
Donald L.Bailey,n.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN