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HomeMy WebLinkAbout2013-04-15-Resolutions 13-094_Williams Pointe P10 Lot 14 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 13-094 APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND FLOWAGE EASEMENT RELATED TO LOT 14 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 oflowa,is a duly organized Municipal Organization;AND, WHEREAS,EMIR AND JASMINA lUDIC,are the owners of Lot 14 of Williams Pointe Plat 10 ("Property 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, predecessor in title to the Property Owners granted a Storm Sewer and Overland Flowage Easement which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2006,Page 946 1(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 StOlID Sewer and Overland Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 15th day of April,2013 that the First Amendment to StOlIDSewer and 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. Attest: ~~4//d ROLL CALL VOTE Shane Blanchard Casey L.Harvey Shelly Hughes Mike Watts VACANT SEAT AYE X X X X NAY ABSENT ABSTAIN