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HomeMy WebLinkAbout2007-12-17-Resolutions 07-265_Parkview Crossing P6 Lot 29 - First Amendment to EasementTHE CITY OF WAUKEE,row A RESOLUTION 07-265 APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT FOR LOT 29 OF PARKVIEW CROSSING PLAT 6 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,Michael L.and Randi D.Davis,owners of Lot 29 ofParkview Crossing Plat 6 (Property Owners),are desirous of installing a fence on their property;AND, WHEREAS,Jerry's Homes,Inc.,predecessor in title to the Property Owners granted a Storm Sewcr and Surface Water Flowage Easement (Easement)to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa on January 4,2005 in Book 2005,Page 172;AND, WHEREAS,a portion of the proposed fence is intended to be erected within a portion ofthe 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. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 17th day of December 2007 that the First Amendment to Storm Sewer and Surface Water Flowage Easement granted to the City of Waukee 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 Donald L.Bailey,II. Isaiah McGee Jeff Mertz Darlene Stanton Mike Watts AYE X X X X NAY ABSENT 'I X 1 I