HomeMy WebLinkAbout2013-03-18-Resolutions 13-063_Windfield II P5 Lot 22 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-063
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 22 OF
WINDFIELD II PLAT 5
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,ASHLEY AND RICK KIEVITS,are the owners of Lot 22 of Winfield II Plat 5
("Property Owners");AND,
WHEREAS,the Property Owners are desirous of installing a fence on the property;AND,
WHEREAS,Windfield Development II,L.C.,an Iowa limited liability company,predecessors
in title to the Property Owners granted a Surface Water Flowage Easement which was accepted
by the City of Waukee and recorded with Dallas County,Iowa in Book 2005,Page 19468,and a
Public Utility Easement which was accepted by the City of Waukee and recorded with Dallas
County,Iowa in Book 2005,Page 19469 (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 te1111Sof 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 all
this 18th day of March,2013 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 of Waukee,and the City Clerk is hereby authorized to file such first amendment to
easement with the Dallas County,Iowa Recorder.
nn oennan,tty mmistrator
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Dan Dutcher X
Casey L.Harvey X
Shelly Hughes X
Mike Watts X