HomeMy WebLinkAbout2008-06-16-Resolutions 08-132_Windfield II P5 Lot 8 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-132
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 8 OF
WINnFIELD 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,Benjamin M.Garin and Kimberly J.Wapp,owners of Lot 8 of Wind field II,Plat 5
(Property Owners),are desirous of installing a fence on tbeir property;AND,
WHEREAS,Windfield Development II,L.C.,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 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 ("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 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 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 ofthe City of Waukee,Iowa on
this 16th day of June 2008 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.
Attest:
ROLL CALL VOTE
Donald L.Bailey,Jr.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
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