HomeMy WebLinkAbout2009-07-06-Resolutions 09-151_Windfield II P5 Lot 11 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-151
APPROVING THE FIRST AMENDMENT TO PERMANENT SURFACE WATER
FLOWAGE EASEMENT RELATED TO LOT 11 OF WINDFIELD II PLAT 5
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ROBERT L.AND JOSIE L.MONTGOMERY,owners of Lot 11 ofWindfield II
Plat 5 ("Propelty Owners"),are desirous of installing a fence on their property;AND,
WHEREAS,Windfield Development II,L.C.,predecessor in title to the Property Owners
granted a Permanent Surface Water Flowage Easement and Public Utility 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 19469;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 and Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 20th day of July 2009 that the First Amendment to Permanent 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
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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X
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X
NAY ABSENT
X
ABSTAIN