HomeMy WebLinkAbout2009-06-15-Resolutions 09-134_Grace Wood Lot 24 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-134
APPROVING THE FIRST AMENDMENT TO PERMANENT SURFACE WATER
FLOWAGE EASEMENT RELATED TO LOT 24 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,DALE W.AND ALICE M.GWINNER,owners of Lot 24 of Gracewood
("Property 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
Permanent 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 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 Permanent Surface Water
Flowage Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 15th day of June 2009 that the First Amendment to Permanent 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
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
NAY
X
X
ABSENT
X
X
ABSTAIN