HomeMy WebLinkAbout2009-04-20-Resolutions 09-92_Hemingway P1 Lot 102 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-92
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
WATER FLOWAGE EASEMENT AND SURFACE WATER FLOWAGE EASEMENT
RELATED TO LOT 102 OF HEMINGWAY 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,KEVIN D.AND KATHERINE L.GUISINGER,owners of Lot 102 of
Hemingway Plat 1 ("Property Owner"),are desirous of installing a fence on their property;
AND,
WHEREAS,Stephen R.Grubb,as President of Boardwalk Development Company,No.II,
L.L.c.,an Iowa corporation,predecessor in title to the Property Owners granted a Storm Sewer
and 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 1203,and a Surface Water
Flowage Easement (collectively the "Easement")which was accepted by the City of Waukee and
recorded with Dallas County,Iowa in Book 2006,Page 1201;AND,
WHEREAS,a portion of the proposed 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 Storm Sewer and Surface
Water Flowage Easement and Surface Water Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Conncil of the City of Waukee,Iowa on
this 20th day of April 2009 that the First Amendment to Storm Sewer and Surface Water
Flowage Easement and 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.
ro Tem
Attest:
.Kooistra,City Administrator/Clerk
ROLL CALL VOTE
Donald L.Bailey,II.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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X
X
X
NAY ABSENT
X
ABSTAIN