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HomeMy WebLinkAbout2011-09-26-Resolutions 11-182_Spyglass Lot 44 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 11-182 APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 44 OF SPYGLASS 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,JEREMY S.AND KATIE M.HUSK,owners of Lot 44 of Spyglass ("Property Owners")are desirous of installing a fence on the property;AND, WHEREAS,Spyglass Development Co.,L.C.,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 2004,Page 19950,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 2004,Page 19950 (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 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 26th day of September,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 ofWaulcee,and the City Clerk is hereby authorized to file such first rendment to easement with the Dallas County,Iowa Recorder. Attest: .Kooistra,City Administrator/Clerk ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Darlene Stanton Mike Watts AYE X X X X X NAY ABSENT ABSTAIN