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
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X
X
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X
NAY ABSENT ABSTAIN