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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 X X X X NAY ABSENT X ABSTAIN