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HomeMy WebLinkAbout2008-06-16-Resolutions 08-130_Westgate P3 Lot 33 - First Amendment to EasementTHE CITY OF WAUKEE,lOW A RESOLUTION 08-130 APPROVING THE FIRST AMENDMENT TO PUBLIC UTILITY AND DRAINAGE EASEMENT RELATED TO LOT 33 OF WESTGATE PLAT 3 IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,Keith G.Jackson and Kelly L.Hansen,owners of Lot 33 of Westgate Plat 3 (Property Owners),are desirous of installing a fence on their property;AND, WHEREAS,Westgate Partnership,predecessor in title to the Property Owners granted a Public Utility and Drainage Easement to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa on November 23,1999,in Book 1999,Page 013065 ("Easement")AND, WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the Easement;AND, WHEREAS,the Easement prohibits the Property Owners 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 constmction of a fence within a portion of the Easement area pursuant to the terms of the First Amendment to Public Utility and Drainage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 16'h day of June 2008 that the First Amendment to Public Utility and Drainage 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 AYE X X X X NAY ABSENT x ABSTAIN J 1