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HomeMy WebLinkAbout2013-05-06-Resolutions 13-120_Windfield II P5 Lot 39 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 13-120 APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 39 OF WINDFILED 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 A.GOEMAAT,is the owner of Lot 39 of Wind field II Plat 5 ("Property Owner");AND, WHEREAS,the Property Owner is desirous of installing a fence on the property;AND, WHEREAS,Windfield Development II,L.C.,an Iowa limited liability company,predecessor in title to the Property Owner 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 Connty,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 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 tenus of the First Amendment to Surface Water Flowage Easement and Public Utility Easement. NOW THEREFORE BE IT RESOLVED by the City Conncil of the City of Waukee,Iowa on this 6[h day of May,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 Connty,Iowa Recorder. Attest:-~k~4:~ ROLL CALL VOTE Shane Blanchard Casey L.Harvey Shelly Hughes C.Isaiah McGee Mike Watts AYE X X X X X NAY ABSENT ABSTAIN