HomeMy WebLinkAbout2010-08-23-Resolutions 10-238_Windfield II P5 Lot 68 - First Amendment to EasementTHE CITY OF WAUKEE,lOW A
RESOLUTION 10-238
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 68 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 of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,ANTHONY AND HEATHER K.LOHSE,owners of Lot 68 of Wind field II Plat 5
("Property Owners"),are desirous of installing a fence on the property;AND,
WHEREAS,Windfield Development II,L.e.,an Iowa limited liability company,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 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,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 23,d day of August 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 the Dallas County,Iowa Recorder.
Attest:
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Darlene Stanton X
Mike Watts X