HomeMy WebLinkAbout2011-03-21-Resolutions 11-48_Windfield P5 Lot 14 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-48
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
AND STORM SEWER EASEMENT RELATED TO LOT 14 OF WINDFIELD 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,CLINTON AND ALLISON PROHASKA,owners of Lot 14 of Wind field Plat 5
("Property Owner"),are desirous of installing a fence on the property;AND,
WHEREAS,Windfield Development Inc.an Iowa Corporation,predecessor in title to the
Property Owner granted an 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,Page 322-
325,and a Storm Sewer Easement to the City of Waukee which was accepted by the City of
Waukee and recorded with Dallas County,Iowa in Book 815,Page 326-329 (collectively the
"Easement")'AND,,
WHEREAS,the fence is intended to be erected within a portion of the Easement;AND,
WHEREAS,the Easement prohibits the Property Owner 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 Storm Sewer Easement.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on
this 21 st day of March 2011 that the First Amendment to Overland Flowage Easement and Storm
Sewer 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