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HomeMy WebLinkAbout2010-05-03-Resolutions 10-123_Windfield P5 Lot 18 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 10-123 APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 18 OF WINDFIELD PLAT 5 IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE,IOWA WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal Organization;AND, WHEREAS,MICHAEL AND CAROLYN BAILEY,owners of Lot 18 of Windfield Plat 5 ("Property Owners"),are desirous of installing a fence on the property;AND, WHEREAS,Windfield Development,Inc.,predecessor in title to the Property Owners granted a Overland Flowage Easement to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 815,Pages 322-325,and a Public Utility Easement (collectively the "Easement")to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 815,Pages 319-321;AND, WHEREAS,fence is intended to be erected within a portion of the Easement;AND, WHEREAS,the Easement prohibits the Prop City 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 construction of a fence within a portion of the Easement area pursuant to the terms of the First Amendment to Overland Flowage Easement and Public Utility Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 3'd day of May 2010 that the First Amendment to Overland 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 Shane Blanchard Dan Dutcher Casey L.Harvey Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAIN