HomeMy WebLinkAbout2008-07-21-Resolutions 08-168_Windfield II P5 Lot 21 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 08-168
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 21 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 of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,Reid Tamisiea and Sara A Tamisiea,owners of Lot 21 of Wind field II Plat 5
(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 November 15,2005,in Book 2005,
Page 19468 ("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 and Public Utility Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 21 st day of July 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 a e dment to
easement with the Dallas County,Iowa Recorder.
Attest:
ooistra,City Administrator/Clerk
ROLL CALL VOTE
Donald L.Bailey,If.
Casey L.Harvey
C.Isaiah McGee
Darlene Stanton
Mike Watts
AYE
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NAY ABSENT ABSTAIN