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
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NAY ABSENT ABSTAIN