HomeMy WebLinkAbout2013-07-01-Resolutions 13-168_Windfield II P3 Lot 26 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA
RESOLUTION 13-168
APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE
EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 26 OF
WINDFIELD II PLAT 3
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 orgauizedMunicipal
Orgauization;AND,
WHEREAS,MICHAEL L.AND MARSHA C.BRlTTAIN,are the owners of Lot 26 of
Windfield II Plat 3 ("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,predecessor in
title to the Property Owners granted that certain Surface Water Flowage Easement which was
accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2005,Page
16396,and a Public Utility Easement which was accepted by the City of Waukee and recorded
with Dallas County,Iowa in Book 2005,Page 16398 (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 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 1st day of July,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.~
~.peard'M.YOr
Attest:
1a!Awtd~RebeccaD.Schuett,City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Shane Blanchard X
Casey L.Harvey X
Shelly Hughes X
C.Isaiah McGee X
Mike Watts X