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Home My WebLink About2011-09-26-Resolutions 11-181_Hemingway P1 Lot 98 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 11-181 APPROVING THE FIRST AMENDMENT TO TEMPORARY FORCE FLOW MAIN EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 98 OF HEMINGWAY PLAT 1 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,ANN M.NICHTING,owner of Lot 98 of Hemingway Plat 1 ("Property Owner") is desirous of installing a fence on the property;AND, WHEREAS,Stephen R.Grubb,as President of Boardwalk Development Company,No.II, L.L.c.,an Iowa corporation,predecessor in title to the Property Owner granted a Temporary Force Flow Main Easement to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2006,Page 1205,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 2006,Page 1199 (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 Temporary Force Flow Main Easement and Public Utility Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 26th day of September,2011 that the First Amendment to Temporary Force Flow Main 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