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HomeMy WebLinkAbout2011-12-19-Resolutions 11-245_Williams Pointe P6 Lot 29 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 11-245 APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT RELATED TO LOT 29 OF WILLIAMS POINTE PLAT 6 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,THOMAS J,AND JANA L.DOHMAN,owners of Lot 29 of Williams Pointe Plat 6 ("Property Owners")are desirous of installing a fence on the property;AND, WHEREAS,Williams Turf Farm,Inc.,predecessor in title to the Property Owners 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 2004,Page 16169 (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 ofthe First Amendment to Overland Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 19th day of Decem her,2011 that the First Amendment to Overland Flowage 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.I ooistra,City Administrator/Clerk ROLL CALL VOTE Shane Blanchard Dan Dutcher Casey L.Harvey Shelly Hughes Mike Watts AYE X X X X NAY ABSENT ABSTAIN X