HomeMy WebLinkAbout2013-03-18-Resolutions 13-061_Williams Pointe P10 Lot 13 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-061
APPROVING THE FIRST AMENDMENT TO STORM SEWER AND SURFACE
WATER FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO
LOT 13 OF WILLIAMS POINTE PLAT 10
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,MARK D.AND JESSICA L.MALONE,are the owners of Lot 13 of Williams
Pointe Plat 10 ("Propeliy Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Williams Pointe Development II,L.C.,an Iowa limited liability company,
predecessors in title to the Property Owners granted a Storm Sewer and Surface Water Flowage
Easement which was accepted by the City of Waukee and recorded with Dallas County,Iowa in
Book 2006,Page 9461,and a Public Utility Easement which was accepted by the City of
Waukee and recorded with Dallas County,Iowa in Book 2006,Page 9458 (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 Storm Sewer and 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 18th day of March,2013 that the First Amendment to Storm Sewer and Surface Water
Flowage 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.N~~
Attest:~
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M{k~att~,Mayor Pro Tem
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Shelly Hughes X
Mike Watts X