HomeMy WebLinkAbout2010-06-07-Resolutions 10-179_Windfield II P5 Lot 59 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-179
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 59 OF
WIND FIELD II PLAT 5
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,CHAD L.AND ASHLEY M.TIERNEY,owners of Lot 59 of Wind field II Plat 5
("Property Owners"),are desirous of installing a fence on the property;AND,
WHEREAS,Windfield Development II,L.c.,an Iowa limited liability company,predecessor in
title to the Property Owner granted a Surface Water Flowage Easement to the City of Waukee
which was accepted by tile City of Waukee and recorded with Dallas County,Iowa in Book
2005,Page 19468,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 2005,Page 19469;AND,
WHEREAS,fence is intended to be erected within a portion of the Easement;AND,
WHEREAS,the Easement prohibits the Property Owners from locating any fence or other
structure within the Easement area without the written consent of the City of Waukee;AND,
WHEREAS,tile 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 7'h day of June 2010 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 amendment to
easement with tile Dallas County,Iowa Recorder.
Attest:
.I ooistra,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