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HomeMy WebLinkAbout2008-05-19-Resolutions 08-106_Williams Pointe P8 Lot 32 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 08-106 ) APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 32 OF WILLIAlvIS POINTE PLAT 8 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,Nathan G.and Mild M.Weber,owners of Lot 32 of Williams Pointe Plat 8 (Property Owners),are desirous of installing a fence on their property;AND, WHEREAS,Williams Pointe Development,L.c.,predecessor in title to the Property Owners granted a Storm Sewer and Overland Flowage Easement to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa on August 23,2006,in Book 2006,Page 13858 and a Public Utility Easement to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa on August 23,2006,in Book 2006,Page 13861;(collectively,"Easements")AND, WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the Easements;AND, WHEREAS,the Easements prohibits the Property Owner from locating any fence or other structure within the Easements area without the written consent of the City of Waukee;AND, WHEREAS,the City ofWaulcee is agreeahle to the construction of a fence within a portion of the Easements area pursuant to the terms of the First Amendment to Storm Sewer and Overland Flowage Easement and Public Utility Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 19th day of May 2008 that the First Amendment to Storm Sewer and Overland Flowage Easement and Public Utility 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. 1 Attest: ROLL CALL VOTE Donald L.Bailey,II. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE x X X X NAY ABSTAINABSENT X