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HomeMy WebLinkAbout2009-05-04-Resolutions 09-109_Windfield II P5 Lot 62 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 09-109 APPROVING THE FIRST AMENDMENT TO SURFACE WATER FLOWAGE EASEMENT AND PUBLIC UTILITY EASEMENT RELATED TO LOT 62 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,TIMOTHY D.AND KATIE L.MANGAN,owners of Lot 62 of Wind field II,Plat 5 ("Property Owners"),are desirous of installing a fence on their property;AND, WHEREAS,Windfield Development II,L.e.,an Iowa limited liability company,predecessor in title to the Property Owners granted a Surface Water Flowage Easement to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2005,Page 19468,and a Public Utility Easement to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa in Book 2005,Page 19469;AND, WHEREAS,a portion ofthe proposed fence is intended to be erected within a portion of the Easement;AND, WHEREAS,the Easement prohibits the Property Owners from locating my 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 4th day of May 2009 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. Attest .'ooistra,City Administrator/Clerk ROLL CALL VOTE AYE NAY ABSENT ABSTAIN Donald L.Bailey,II.X Casey L.Harvey X C.Isaiah McGee X Darlene Stanton X Mike Watts X