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HomeMy WebLinkAbout2008-06-02-Resolutions 08-112_Williams Pointe P10 Lot 8 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 08-112 APPROVING THE FIRST AMENDMENT TO OVERLAND FLOW AGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 8 OF WILLIAMS POINTE PLAT 10 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,Robert A.and Amanda J.Joubert,owners of Lot 8 of Williams Pointe Plat 10 (Property Owners),are desirous of installing a fence on their property;AND, WHEREAS,Williams Pointe Development II,L.C.,predecessor in title to the Property Owners granted an Overland Flowage Easement to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa on JlU1e16,2006,in Book 2006,Page 9462 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 June 16,2006,in Book 2006,Page 9458; (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 prohibit the Property Owners from locating any fence or other structure within the Easements 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 Easements area pursuant to the terms of the First Amendment to Overland Flowage Easement and Public Utility Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 2nd day of June 2008 that the First Amendment to 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. Attest: J,J(I,ozlidffiiOi"""m/Clmk ROLL CALL VOTE Donald L.Bailey,JI. Casey L.Harvey C.Isaiah McGee Darlene Stanton Mike Watts AYE X X X X X ) NAY ABSENT ABSTAIN ] I