HomeMy WebLinkAbout2009-05-04-Resolutions 09-108_Grace Wood Lot 4 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-108
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT RELATED TO LOT 4 OF GRACEWOOD
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,JARED AND LINDSAY BAHNSEN,owners of Lot 4 of Gracewood ("Propelty
Owners"),are desirous of installing a fence on their property;AND,
WHEREAS,Grace Wood Joint Venture,predecessor in title to the Property Owners 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 2005,Page 12030;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 Surface Water Flowage
Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 4th day of May 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 amendment to easement with the Dallas County,
Iowa Recorder.
Attest:
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Donald L.Bailey,Ir.X
Casey L.Harvey X
C.Isaiah McGee X
Darlene Stanton X
Mike Watts X