HomeMy WebLinkAbout2008-06-02-Resolutions 08-114_Windfield II P5 Lot 5 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-114
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 5 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,Nathau and Holly Millhouse,owners of Lot 5 of Wind field II,Plat 5 (Property
Owners),are desirous of installing a fence on their property;AND,
WHEREAS,Windfield Development 1I,L.c.,predecessor in title to the Properly 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 on November 15,2005,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 on November 15,2005,in Book 2005,Page
19469;(collectively,"Easements")AND,
WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the
Easelnents;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 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 2nd day of June 2008 that the First Amendment to Surface Water 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:
Jo~"l~dm;,;",m,"dClcrk
ROLL CALL VOTE
Donald L.Bailey,n.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN
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