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HomeMy WebLinkAbout2007-11-19-Resolutions 07-249_Williams Pointe P8 Lot 28 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 07-249 ] APPROVING THE FIRST AMENDMENT TO STORM SEWER AND OVERLAND FLOWAGE EASEMENT FOR LOT 28 OF WILLIAMS POINTE PLAT 8 IN THE NAME AND BY THE A UTHORlTY OF THE CITY OF WAUKEE,lOW A WHEREAS,the City of Waukee,Dallas County,State ofIowa,is a duly organized Municipal Organization;AND, WHEREAS,Jeffrey A and Roxanne L Pieters,owners of Lot 28 of Williams Pointe Plat 8 (Property Owners),are desirous of installing a fence on their property;AND, WHEREAS,Williams Pointe Development,L.e.,predecessor in title to the Property Owners granted a Storm Sewer and Overland Flowage Easement (Easement)to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa on August 23,2006 in Book 2006,Page 13858;AND, WHEREAS,a portion of the proposed 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 Storm Sewer and Overland Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 19th day of November 2007 that the First Amendment to StOlID Sewer and Overland Flowage Easement granted to the City of Waukee 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: L.Kooistra,City Administrator/Clerk IJ ROLL CALL VOTE Donald L.Bailey,J1'. Isaiah McGee Jeff Mertz Darlene Stanton Mike Watts AYE X X X X NAY ABSENT X