HomeMy WebLinkAbout2009-02-23-Resolutions 09-37_Glynn Village P1 Lot 17 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-37
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 17 OF
GLYNN VILLAGE PLAT 1
IN THE NAME AND BY THE AUTHORlTY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal
Organization;AND,
WHEREAS,Leslie K.and Bryan Schleisman,owners of Lot 17 of Glynn Village Plat 1
("Property Owner"),is desirous of installing a fence on his property;AND,
WHEREAS,Hubbell Metropolitan Development Fund I,LLC,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 Hubbell Metropolitan Development Fund I,LLC granted 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 of the 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 of the 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 on
this 23rd day of February 2009 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 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,Jr.X
Casey L.Harvey X
C.Isaiah McGee X
Darlene Stanton X
Mike Watts X