HomeMy WebLinkAbout2011-09-26-Resolutions 11-183_Windfield P4 Lot 51 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 11-183
APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT
RELATED TO LOT 51 OF WIND FIELD PLAT 4
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE,IOWA
WHEREAS,the City of Waukee,Dallas County,State of Iowa,is a duly organized Municipal
Organization;AND,
WHEREAS,BRENDA L.CHAMBERLAIN,owner of Lot 51 of Wind field Plat 4 ("Property
Owner")is desirous of installing a fence on the property;AND,
WHEREAS,Windfield Development,Inc.,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 802,Pages 113-116 (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.
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 Overland Flowage Easement in
connection with the Property is hereby approved and accepted by th ity of Waukee,and the
City Clerk is hereby authorized to file such frrst amend nt to e ent with the Dallas County,
Iowa Recorder.
Jef
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ROLL CALL VOTE
Shane Blanchard
Dan Dutcher
Casey L.Harvey
Darlene Stanton
Mike Watts
ity Administrator/Clerk
AYE
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NAY ABSENT ABSTAIN