HomeMy WebLinkAbout2009-08-03-Resolutions 09-161_Windfield II P3 Lot 22 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-161
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT RELATED TO LOT 22 OF WINDFIELD II PLAT 3
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,PATRICK J.AND EMILY S.HOLMERTZ,owners of Lot 22 of Wind field II,
Plat 3 ("Property Owners"),are desirous of installing a fence on their property;AND,
WHEREAS,Windfield Development II,L.C.,an Iowa limited liability company,predecessor in
title to the Property Owners granted a Surface Water Flowage Easement to the City of Waukee
which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book
2005,Page 16396;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 ofWaulcee is agreeable to the construction of a fence within a portion of
the Easement mea pursuant to the terms of the First Amendment to Surface Water Flowage
Easement.
NOW THEREFORE BE IT RESOLVED by the City Council ofthe City of Waukee,Iowa on
this 3rd day of August 2009 that the First Amendment to 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.
'fooistra,City Administrator/Clerk
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
X
X
X
NAY ABSENT
X
X
ABSTAIN