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HomeMy WebLinkAbout2002-10-21-Resolutions 02-156_Windfield Multi-Family P1 Lot 2 - Easement VacationTHE CITY OF WAUKEE,IOWA RESOLUTION 02-156 I APPROVING THE VACATING OF 20'SURFACE WATER EASEMENT LOCATED ON LOT 2 WINDFIELD MULTI-FAMILY PLAT 1 TO WINDFIELD WEST II LIMITED PARTNERSHIP INTHENAMEANDBYTHEAUTHORITYOFTHECITYOFWAUKEE,IOWA WHEREAS,Windfield West II Limited Partnership is the owner of certain real property described as: Lots 2,3,&4 in Windfield Multi-Family Plat 1,an Official Plat, now included in and forming part of the City of Waukee,Dallas County,Iowa AND, WHEREAS,included within the above property is a 20'Surface Water Easement described as: Part ofthe NWY.of the NWY.of Section 34,Township 79 North, Range 26 West,more particularly described as:Commencing at the NW comer of Section 34;thence SOooOO'OO"E along the West line of said Section 34,591.24 feet;thence N 90°00'00"E 50.0 feet to the point of beginning;thence N 90°00'00"E 199.86 feet to the westerly line of Lot 10 of Wind field West Commercial Plat 1; thence S 00°00'00"W along the westerly line of said Lot 10,20.0 feet;thence N 90°00'00"W199.86 feet;thence N 00°00'00"20.00 feet to the point of beginning and containing approximately 0.092 acres;AND, ) WHEREAS,the 20'Surface Water Easement was for purposes of constructing, reconstructing,repairing,replacing,enlarging,inspecting and maintaining a surface water area,for the benefit of the surrounding area and of the City of Waukee,Iowa,said Easement being recorded in Book 2000,Page 12326 oftbe Dallas County,Iowa records; AND, WHEREAS,a public hearing was held on October 21 st,2002 at which time no one present nor anyone prior to the meeting voiced an objection or submitted a written objection to the vacation of the above legally described 20'Surface Water Easement; AND, WHEREAS,City Staff agree that the 20'Surface Water Easement is no longer necessary and should be vacated by quit claim deed. NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 21 st day of October 2002 that it hereby approves the vacating by quit claim deed of a 20'Surface Water Easement located on Lot 2 Windfield Multi-Family Plat I to Windfield West II Limited Partnership Mark J.Arentsen,~i y Administrator/Clerk ROLL CALL VOTE AYE NAY Nicholas C.Gruber X Donald L.Bailey,Jr.X Bill Peard X Mike Watts X Wayne Johnson X Mark D.Leslie,Mayor ABSENT