HomeMy WebLinkAbout2009-04-06-Resolutions 09-76_Parkview Crossing P2 Lot 2 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-76
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT RELATED TO LOT 2 OF PARKVIEW CROSSING 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,VICKIE L.EADS,owner of Lot 2 ofParkview Crossing Plat 2 ("Property
Owner"),is desirous of installing a fence on her property;AND,
WHEREAS,Gerald D.Grubb,Inc.,predecessor in title to the Property Owner granted a Surface
Water Flowage Easement (the "Easement")to the City of Waukee which was accepted by the
City of Waukee and recorded with Dallas County,Iowa in Book 2001,Page 9922;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 Owner 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 tile City of Waukee,Iowa on
this 6th day of April 2009 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 amcndmcr t to easement .the Dallas County,
Iowa Recorder.
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
X
X
X
X
NAY ABSENT ABSTAIN