HomeMy WebLinkAbout2010-11-01-Resolutions 10-282_Windfield II P5 Lot 64 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 10-282
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 64 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,
WHEREAS,DAVID J.AND MICHELLE PARKER,owners of Lot 64 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 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 lSI day of November 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
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NAY ABSENT ABSTAIN