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HomeMy WebLinkAbout2008-04-21-Resolutions 08-78_Windfield II P5 Lot 12 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 08-78 APPROVING THE FIRST AMEI'IDMENT TO DETENTION EASEMENT RELATED TO LOT 12 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 ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,Ryan T.and Cynthia Blackard,owners of Lot 12 of Wind field II Plat 5 (Property Owner),is desirous of installing a fence on their property;AND, WHEREAS,Windfield Development II,L.C.,predecessor in title to the Property Owners granted a Detention Easement (Easement)to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa on September 29,2005,in Book 2005,Page 16397;AND, WHEREAS,a portiou of the proposed fence is intended to be erected within a portion ofthe Easement;AND, WHEREAS,the Easement prohibits the Property Owner from locating any fence or other structure within the Easement area without the written consent ofthe 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 ofthe First Amendment to Detention Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 21 st day of April 2008 that the First Amendment to Detention Easement granted to the City of Waukee 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. C.Isaiah McGee,Mayor Pro Tem Attest: 1 ROLL CALL VOTE Donald L.Bailey,Jr. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAIN