HomeMy WebLinkAbout2011-05-09-Resolutions 11-76_Windfield II P3 Lot 24 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-76
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 24 OF
WIND FIELD II PLAT 3
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
Orgauization;AND,
WHEREAS,S &L PROPERTIES,is the owner of Lot 24 of Winfield II Plat 3 ("Propeliy
Owner");AND,
WHEREAS,THOMAS AND TRESSA WAGNER,are Contract Owners,with an agreement for
the eventual purchase of Lot 24 of Winfield II Plat 3 ("Contract Owners");AND,
WHEREAS,the Property Owner and Contract 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 Owner 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 16396,and a Public Utility Easement to the City of Waukee which was accepted by
the City of Waukee and recorded with Dallas County,Iowa in Book 2005,Page 16398
(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 and Contract Owners from locating
any fence or 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 the City Council of the City of Waukee,Iowa on
this 9th day of May,2011 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:
Jeffr
ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
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NAY ABSTAINABSENT