HomeMy WebLinkAbout2009-08-03-Resolutions 09-162_Windfield II P5 Lot 6 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 09-162
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 6 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,DAN J.AND LISA M.PARKER,owners of Lot 6 of Wind field II,Plat 5
("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 19468,and a Public Utility 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 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 3rd day of August 2009 that the First Amendment to 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.
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