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HomeMy WebLinkAbout2011-12-05-Resolutions 11-229_Ville DAvray Lot 6 - First Amendment to EasementTHE CITY OF WAUKEE,row A RESOLUTION 11-229 APPROVING THE FIRST AMENDMENT TO WATERMAIN EASEMENT RELATED TO LOT 6 OF VILLE D'A VRA Y IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WA UKEE,IOWA WHEREAS,the City of Waukee,Dallas COIUlty,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,BROCK M.MCKIBBEN,owner of Lot 6 of Ville D'Avray ("Propeliy Owner")is desirous of installing a fence on the property;AND, WHEREAS,AH Development L.C.,predecessor in title to the Property Owner granted a Watennain Easement to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2002,Page 15502 (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 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 Watermain Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 5th day of December,2011 that the First Amendment to Watermain 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 Dalla County,Iowa Recorder.. Attest: L.Kooistra,City Administrator/Clerk ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X X X X NAY ABSENT ABSTAIN