HomeMy WebLinkAbout2008-07-07-Resolutions 08-154_Windfield II P3 Lot 21 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-154
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT RELATED TO LOT 21 OF WlNDFIELD II PLAT 3
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,Ryan Gerth and Mickel!Laidley,owners of Lot 21 of Wind field II Plat 3 (Property
Owner),are desirous of installing a fence on their 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 September 29,2005,in Book 2005,
Page 16396 ("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 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 Easement area pursuant to the terms of the First Amendment to Surface Water Flowage
Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 7th day of July 2008 that the First Amendment to Surface Water Flowage 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:
ity Administrator/Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Donald L.Bailey,Ir.X
Casey L.Harvey X
C.Isaiah McGee X
Darlene Stanton X
Mike Watts X