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HomeMy WebLinkAbout2010-10-04-Resolutions 10-266_Windfield II P5 Lot 10 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 10-266 APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 10 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 ofIowa,is a duly organized Municipal Organization;AND, WIIEREAS,TODD E.PARSON,owner of Lot 10 of Wind field ITPlat 5 ("Propeliy Owner"),is desirous of installing a fence on tile 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 tile 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, "IHEREAS,the Easement prohibits the Property Owner from locating any fence OT other structure within the Easement area without the written consent ofthe 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 tile City Council of the City of Waukee,Iowa on this 4th day of October 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 Shane Blanchard Dan Dutcher Casey L.Harvey Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAIN