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HomeMy WebLinkAbout2010-04-05-Resolutions 10-86_Williams Pointe P8 Lot 10 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 10-86 APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND FLOWAGE EASEMENT RELATED TO LOT 10 OF WILLIAMS POINTE PLAT 8 INTHENAMEANDBYTHEAUTHORJTYOFTHECITYOFWAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State oflowa,is a duly organized Municipal Organization;AND, WHEREAS,REBECCA L.DEWEY AND NICHOLAS S.MCCREA,owners of Lot 10 of Williams Pointe Plat 8 ("Property Owners"),are desirous of installing a fence on their property; AND, WHEREAS,Williams Pointe Development,L.c.,and Iowa limited liability company, predecessor in title to the Property Owners,granted that certain Storm Sewer and Overland Flowage Easement,dated June 9,2006,recorded on August 23,2006,in Book 2006,Page 13858;AND, WHEREAS,a portion of the proposed fence is intended to be erected within a portion of the Easen1ent;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 Storm Sewer and Overland Flowage Easement. NOW THEREFORE BE IT RESOL YED by the City Council of the City of Waukee,Iowa on this 5th day of April 2010 that the First Amendment to Storm Sewer and Overland 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: .Kooistra,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Shane Blanchard X Dan Dutcher X Casey L.Harvey X Darlene Stanton X Mike Watts X