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HomeMy WebLinkAbout2007-11-19-Resolutions 07-248_Williams Pointe P4 Lot 9 - First Amendment to EasementTHE CITY OF WAUKEE,IOWA RESOLUTION 07-248 APPROVING THE FIRST AMENDMENT TO OVERLAND FLOWAGE EASEMENT FOR LOT 9 OF WILLIAMS POINTE PLAT 4 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,Gary L and Catherine L Harstick,owners of Lot 9 of Williams Pointe Plat 4 (Property Owners),are desirous of installing a fence on theirproperty;AND, WHEREAS,Williams Turf Farms,Inc.,predecessor in title to the Property Owners granted an Overland Flowage Easement (Easement)to the City of Waukee which was accepted by the City of Waukee and recorded with Dallas County,Iowa on October 13,2004 in Book 2004,Page 16140;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 Overland Flowage Easement. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee,Iowa on this 19'h day of November 2007 that the First Amendment to Overland Flowage Easement granted to the City of Waukee in connection with the Properly 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: ] I ROLL CALL VOTE Donald L.Bailey,Jr. Isaiah McGee Jeff Mertz Darlene Stanton Mike Watts AYE X X X X NAY ABSENT X