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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