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HomeMy WebLinkAbout2011-04-04-Resolutions 11-60_Williams Pointe P8 Lot 11 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 11-60 APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND FLOWAGE EASEMENT RELATED TO LOT 11 OF WILLIAMS POINTE PLAT 8 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,CHRISTOPHER T.AND LEAH A.CLAUSEN,owners of Lot 11 of Williams Pointe Plat 8 ("Property Owner"),are desirous of installing a fence on the property;AND, WHEREAS,Williams Pointe Development,L.C.,an Iowa limited liability company, predecessor in title to the Property Owner granted a St01111Sewer and Overland Flowage Easement to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2006,Page 13858 (the "Easement");AND, WHEREAS,the fence is intended to be erected within a portion of the Easement;AND, WHEREAS,the Easement prohibits the Property Owners from locating ally 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 ofa fence within a portion of tile Easement area pursuant to the terms of the First Amendment to St01111Sewer and Overland Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on tills 4th day of April,2011 that the First Amendment to Storm Sewer and Overland Flowage 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. r 1\ ,\:oistla,City Administrator/Clerk ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Darlene Stanton Mike Warts AYE X X X NAY ABSENT X X ABSTAIN