HomeMy WebLinkAbout2009-05-04-Resolutions 09-111_Parkview Crossing P7 Lot 4 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-111
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
WATER FLOWAGE EASEMENT AND SANITARY SEWER EASEMENT RELATED
TO LOT 4 OF P ARKVIEW CROSSING PLAT 7
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,JESSIE D.AND KATIE LYNN JOHNSON,owners of Lot 4 ofParkview
Crossing Plat 7 ("Property Owners"),are desirous of installing a fence on their property;AND,
WHEREAS,Jerry's Homes,Inc.,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
2005,Page 3409,and a Sanitary Sewer Easement (collectively the "Easement")which was
accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2005,Page
3407;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 ofa 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 Sanitary Sewer 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 Storm Sewer and Surface Water Flowage
Easement and Sanitary Sewer 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.
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Donald L.Bailey,Jr.X
Casey L.Harvey X
C.Isaiah McGee X
Darlene Stanton X
Mike Watts X