HomeMy WebLinkAbout2022-05-02 J01H_04 Fence AgreementsAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: May 2, 2022
AGENDA ITEM:Consideration of approval of a resolution approving various Agreements
Concerning Construction of Fence.
FORMAT:Consent Agenda
SYNOPSIS INCLUDING PRO & CON: The owners of the following properties desire to
place a fence within a portion of an existing easement:
1.800 NE Addison Drive
2.800 SE Bobwhite Lane
3.1325 NW Bunker Hill Drive
4.865 Cedar Street
5.365 SE Clover Court
6.780 Crescent Ridge Drive
7.790 Crescent Ridge Drive
8.2830 Crescent Ridge Drive
9.2925 Crescent Ridge Drive
10.2125 SE Florence Drive
11.260 NE Fox Run Trail
12.289 NW Georgetown Drive
13.825 SE Harper Drive
14.910 Indian Ridge Drive
15.685 Morningstar Court
16.1070 Myles Court
17.1850 SE Olson Drive
18.2580 Serenity Drive
19.1050 Spruce Street
20.1250 Spruce Street
21.127 NW Sunrise Drive / 330 NW Gracewood Drive
22.3850 Westwind Court
23.570 SE Willowbrook Drive
Staff has reviewed the proposed fence requests and feels comfortable that
the proposed fences will not adversely impact access to the easements.
The attached Fence Agreements specify the property owners’
maintenance responsibilities and requirements for removing the fence in
the future if required by the City. These documents will be recorded with
Dallas County and become a part of the official records for those
properties listed above and will remain fully enforceable should the
properties sell in the future.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
J1H4
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff would recommend approval of the Agreements
Concerning Construction of Fences.
RECOMMENDATION: Approve the Resolution
ATTACHMENTS: I. Proposed Resolution
II. Agreements
PREPARED BY:Bill Mettee, Planner
THE CITY OF WAUKEE, IOWA
RESOLUTION 2022 -
APPROVING VARIOUS AGREEMENTS CONCERNING CONSTRUCTION OF
FENCE
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized
Municipal Organization; AND,
WHEREAS, the City routinely approves various easements which prohibit the location of
a fence within the easement area as a part of the subdivision process; AND,
WHEREAS, the owners of the following Properties are desirous of installing a fence on
their property within a portion of an existing easement:
1.800 NE Addison Drive
2.800 SE Bobwhite Lane
3.1325 NW Bunker Hill Drive
4.865 Cedar Street
5.365 SE Clover Court
6.780 Crescent Ridge Drive
7.790 Crescent Ridge Drive
8.2830 Crescent Ridge Drive
9.2925 Crescent Ridge Drive
10.2125 SE Florence Drive
11.260 NE Fox Run Trail
12.289 NW Georgetown Drive
13.825 SE Harper Drive
14.910 Indian Ridge Drive
15.685 Morningstar Court
16.1070 Myles Court
17.1850 SE Olson Drive
18.2580 Serenity Drive
19.1050 Spruce Street
20.1250 Spruce Street
21.127 NW Sunrise Drive / 330 NW Gracewood Drive
22.3850 Westwind Court
23.570 SE Willowbrook Drive
WHEREAS, the City of Waukee is agreeable to the construction of a fence within a portion
of the various easements related to the properties specified above pursuant to the terms of the
Agreement Concerning Construction of Fence for each individual property.
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa
on this 2nd day of May, 2022, that the Agreement Concerning Construction of Fence in
connection with the Properties is hereby approved and accepted by the City of Waukee, and the
City Clerk is hereby authorized to file such Agreement Concerning Construction of Fence for
each property with the Dallas County, Iowa Recorder.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [800 NE ADDISON
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between
CHRISTOPHER M. HUHN AND MINH P HUHN, (the “Property Owners”) and the CITY OF
WAUKEE, IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 28 of The Landing at Shadow Creek Plat 4, City of Waukee, Dallas County,
Iowa
WHEREAS, Landing at Shadow Creek, L.L.C., an Iowa limited liability company,
predecessor in title to the Property Owners, granted that certain Public Sanitary Sewer Easement,
dated September 13, 2016, recorded on October 11, 2016, in Book 2016, Page 19686, (the
“Easement”) to the City, which prohibited the construction of permanent improvements within
the Easement area, as such real estate is described on Exhibit A, attached hereto and incorporated
herein by this reference (hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owners are aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
CHRISTOPHER M HUHN
________________________________
MINH P HUHN
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared CHRISTOPHER M HUHN, to me
known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared MINH P HUHN, to me known to be the
identical person named in and who executed the foregoing instrument, and acknowledged that
this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
\
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A SANITARY SEWER EASEMENT LOCATED IN THE LANDING AT SHADOW CREEK
PLAT 4, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA,
THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [800 SE BOBWHITE
LANE]
This Agreement of Consent (“Agreement”) is entered into by and between JAY A
LIVINGSTON AND JESSICA M LIVINGSTON (the “Property Owners”) and the CITY OF
WAUKEE, IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 63 of Winfield II Plat 5, City of Waukee, Dallas County, Iowa
WHEREAS, WINFIELD II, L.C., an Iowa limited liability company, predecessor in title
to the Property Owners, granted that certain Surface Water Flowage Easement, dated November
14, 2005, recorded on November 15, 2005, in Book 2005, Page 19468; and certain Public Utility
Easement, dated November 14, 2005, recorded on November 15, 2005, in Book 2005, Page
19468 (collectively the “Easement”) to the City, which prohibited the construction of permanent
improvements within the Easement area, as such real estate is described on Exhibit A, attached
hereto and incorporated herein by this reference (hereinafter called "Easement Area"), without
the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any of
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
JAY A. LIVINGSTON
________________________________
JESSICA M. LIVINGSTON
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JAY A. LIVINGSTON, to me known to
be the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires _______
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JESSICA M. LIVINGSTON, to me
known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires _______
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC SURFACE WATER FLOWAGE EASEMENT LOCATED ON LOT 63 IN
WINFIELD II PLAT 5, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 10.00 FEET OF LOT 63 IN WINFIELD II PLAT 5
AND
A PUBLIC UTILITY EASEMENT LOCATED ON LOT 63 IN WINFIELD II PLAT 5, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 10.00 FEET OF LOT 63 IN WINFIELD II PLAT 5
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1325 NW BUNKER
HILL DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between LEVI
WINGERT, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a municipal
corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 34 of Stratford Crossing Plat 3, City of Waukee, Dallas County, Iowa
WHEREAS, Stratford Crossing, L.L.C., an Iowa limited liability company, predecessor
in title to the Property Owners, granted that certain Public Storm Sewer and Overland Flowage
Easement, dated August 27, 2019, recorded on September 10, 2019, in Book 2019, Page 16525;
and that certain Public Utility Easement, dated August 27, 2019, recorded on September 10,
2019, in Book 2019, Page 16521 and that certain Public Electric Easement, dated August 27,
2019, recorded on September 10, 2019, in Book 2019, Page 16527 (collectively the “Easement”)
to the City, which prohibited the construction of permanent improvements within the Easement
area, as such real estate is described on Exhibit A, attached hereto and incorporated herein by
this reference (hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owners are aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
LEVI WINGERT
CITY OF WAUKEE
By:
___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2021, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared LEVI WINGERT, to me known to be
the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC STORM SEWER AND OVERLAND FLOWAGE EASEMENT LOCATED IN
STRATFORD CROSSING PLAT 3, AN OFFICIAL PLAT IN THE CITY OF WAUKEE,
DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE SOUTHWESTERLY 20.00 FEET OF THE NORTHWESTERLY 25.00 FEET OF LOT 34
IN STRATFORD CROSSING PLAT 3.
AND
A PUBLIC UTILITY EASEMENT LOCATED IN STRATFORD CROSSING PLAT 3, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 10.00 FEET OF THE NORTHWESTERLY 35.00 FEET OF LOT 34
IN STRATFORD CROSSING PLAT 3.
AND
A PUBLIC ELECTRIC EASEMENT LOCATED IN STRATFORD CROSSING PLAT 3, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHWESTERLY 5.00 FEET OF LOT 34 IN STRATFORD CROSSING PLAT 3.
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [865 CEDAR STREET]
This Agreement of Consent (“Agreement”) is entered into by and between
CHRISTOPHER P. BURKETT AND HEIDI D. BURKETT (the “Property Owners”) and the
CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 13 of Southview Estates, City of Waukee, Dallas County, Iowa
WHEREAS, Boardwalk Development, an Iowa corporation, predecessor in title to the
Property Owners, granted that certain Storm Sewer and Surface Water Flowage Easement, dated
April 25, 2000, recorded on July 13, 2000, in Book 2000, Page 7025 (the “Easement”) to the
City, which prohibited the construction of permanent improvements within the Easement area, as
such real estate is described on Exhibit A, attached hereto and incorporated herein by this
reference (hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any of
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
CHRISTOPHER P. BURKETT
________________________________
HEIDI D. BURKETT
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared CHRISTOPHER P. BURKETT, to me
known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared HEIDI D. BURKETT, to me known to
be the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A STORM SEWER AND SURFACE WATER FLOWAGE EASEMENT LOCATED IN
SOUTHVIEW ESTATES, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 10.00 FEET OF LOT 13 IN SOUTHVIEW ESTATES, DALLAS COUNTY,
WAUKEE, IOWA
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [365 SE CLOVER
COURT]
This Agreement of Consent (“Agreement”) is entered into by and between ANNE LEA
HOLLINGSHEAD AND NED KEETON HOLLINGSHEAD, (the “Property Owners”) and the
CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 10 of Kettlestone Ridge Plat 6, City of Waukee, Dallas County, Iowa
WHEREAS, Jerry’s Homes, Inc., an Iowa corporation, predecessor in title to the Property
Owner, granted that certain Overland Flowage Easement, December 21, 2020, recorded on
December 23, 2020, in Book 2020, Page 36644 (collectively the “Easement”) to the City, which
prohibited the construction of permanent improvements within the Easement area, as such real
estate is described on Exhibit A, attached hereto and incorporated herein by this reference
(hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owner desires to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owner desires to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owner acknowledges and
agrees that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owner further understands and agrees that upon 30 days
written notice from the City, Property Owner shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owner and on the Property Owner’s heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owner does HEREBY COVENANT with the City that (i) the Property
Owner holds said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owner has good and lawful authority to convey the same; and (iii) the Property Owner
covenants to WARRANT AND DEFEND the said premises against the claims of all persons
whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
ANNA LEA HOLLINGSHEAD
________________________________
NED KEETON HOLLINGSHEAD
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ANNA LEA HOLLINGSHEAD to me
known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires _______
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2021, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared NED KEETON HOLLINGSHEAD to
me known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires _______
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
AN OVERLAND FLOWAGE EASEMENT LOCATED IN KETTLESTONE RIDGE PLAT 6,
AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT B
LOCATION OF FENCE
Fence Location =
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [780 CRESCENT RIDGE
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between MICHAEL D.
POWELL AND NICOLE E. POWELL (the “Property Owner”) and the CITY OF WAUKEE,
IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owner owns that property legally described as:
Lot 42 of Daybreak Plat 3, City of Waukee, Dallas County, Iowa
WHEREAS, ATI Daybreak, LLC, an Iowa limited liability company, predecessor in title
to the Property Owner, granted that certain Public Utility Easement, dated December 21, 2020,
recorded on January 5, 2021, in Book 2021, Page 227, and certain Public Storm Sewer Easement
dated December 28, 2020, recorded on January 5, 2021, in Book 2021, Page 230 (collectively the
“Easements”) to the City, which prohibited the construction of permanent improvements within
the Easement area, as such real estate is described on Exhibit A, attached hereto and incorporated
herein by this reference (hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any of
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNER
________________________________
MICHAEL D. POWELL
________________________________
NICOLE E. POWELL
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared MICHAEL D. POWELL, to me known
to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared NICOLE E. POWELL, to me known to
be the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC STORM SEWER EASEMENT LOCATED IN DAYBREAK PLAT 3, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 30.00 FEET OF LOT 43 OF DAYBREAK PLAT 3.
AND
A PUBLIC UTILITY EASEMENT LOCATED IN DAYBREAK PLAT 3, AN OFFICIAL
PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 10.00 FEET OF THE SOUTH 50.00 FEET OF LOT 43 OF DAYBREAK PLAT
3
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [790 CRESCENT RIDGE
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between HEATHER
PALMER AND JORDAN PALMER (the “Property Owner”) and the CITY OF WAUKEE,
IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owner owns that property legally described as:
Lot 41 of Daybreak Plat 3, City of Waukee, Dallas County, Iowa
WHEREAS, ATI Daybreak, LLC, an Iowa limited liability company, predecessor in title
to the Property Owner, granted that certain Public Utility Easement, dated December 21, 2020,
recorded on January 5, 2021, in Book 2021, Page 227, and certain Public Sanitary Sewer
Easement dated December 21, 2020, recorded on January 5, 2021, in Book 2021, Page 229
(collectively the “Easements”) to the City, which prohibited the construction of permanent
improvements within the Easement area, as such real estate is described on Exhibit A, attached
hereto and incorporated herein by this reference (hereinafter called "Easement Area"), without
the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any of
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNER
________________________________
HEATHER PALMER
________________________________
JORDAN PALMER
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared HEATHER PALMER, to me known to
be the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JORDAN PALMER, to me known to be
the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC SANITARY SEWER EASEMENT LOCATED IN DAYBREAK PLAT 3, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 7.50 FEET OF LOT 41 OF DAYBREAK PLAT 3.
AND
A PUBLIC UTILITY EASEMENT LOCATED IN DAYBREAK PLAT 3, AN OFFICIAL
PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 5.00 FEET OF LOT 41 OF DAYBREAK PLAT 3
AND
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2830 CRESCENT
RIDGE DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between NEVZETA
SISIC AND MERSUD SISIC (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a
municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 33 of Daybreak Plat 3, City of Waukee, Dallas County, Iowa
WHEREAS, ATI DAYBREAK, L.L.C., an Iowa limited liability company, predecessor
in title to the Property Owner, granted that certain Overland Flowage Easement, dated December
28, 2020, recorded on January 5, 2021, in Book 2021, Page 228 (the “Easement”) to the City,
which prohibited the construction of permanent improvements within the Easement area, as such
real estate is described on Exhibit A, attached hereto and incorporated herein by this reference
(hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any of
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
____________________________________
NEVZETA SISIC
____________________________________
MERSUD SISIC
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared NEVZETA SISIC, to me known to be
the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared MERSUD SISIC, to me known to be the
identical person named in and who executed the foregoing instrument, and acknowledged that
this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
AN OVERLAND FLOWAGE EASEMENT LOCATED IN DAYBREAK PLAT 3, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2925 CRESCENT
RIDGE DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between JOSEPH
HARRISON VERSCHOOR AND TAYLOR ROSE GOLDEN (the “Property Owners”) and the
CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 26 of Daybreak Plat 3, City of Waukee, Dallas County, Iowa
WHEREAS, ATI DAYBREAK, L.L.C., an Iowa limited liability company, predecessor
in title to the Property Owner, granted that certain Overland Flowage Easement, dated December
28, 2020, recorded on January 5, 2021, in Book 2021, Page 228 (the “Easement”) to the City,
which prohibited the construction of permanent improvements within the Easement area, as such
real estate is described on Exhibit A, attached hereto and incorporated herein by this reference
(hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any of
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
____________________________________
JOSEPH HARRISON VERSCHOOR
____________________________________
TAYLOR ROSE GOLDEN
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JOSEPH HARRISON VERSCHOOR,
to me known to be the identical person named in and who executed the foregoing instrument,
and acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared TAYLOR ROSE GOLDEN, to me
known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
AN OVERLAND FLOWAGE EASEMENT LOCATED IN DAYBREAK PLAT 3, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2125 SE FLORENCE
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between EDWARD
HOFFMAN & OLIVIA G HOFFMAN (the “Property Owners”) and the CITY OF WAUKEE,
IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 103 of Grant Park, an Official Plat, in the City of Waukee, Dallas County,
Iowa (the “Property”).
WHEREAS, KE Brewer, L.L.C., an Iowa limited liability company, predecessor in title
to the Property Owners, granted that certain Overland Flowage Easement, dated August 5, 2005,
recorded on August 9, 2005, in Book 2005, Page 12738 (the “Easement”) to the City, which
prohibited the construction of permanent improvements within the Easement area, as such real
estate is described on Exhibit A, attached hereto and incorporated herein by this reference
(hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any of
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
EDWARD HOFFMAN
________________________________
OLIVIA G HOFFMAN
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared EDWARD HOFFMAN, to me known to
be the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared OLIVIA G HOFFMAN, to me known to
be the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
AN OVERLAND FLOWAGE EASEMENT IN GRANT PARK, AN OFFICIAL PLAT IN THE
CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE EAST 10.00 FEET OF LOT 103 IN GRANT PARK.
EXHIBIT B
LOCATION OF FENCE
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [260 NE FOX RUN
TRAIL]
This Agreement of Consent (“Agreement”) is entered into by and between CALISTA
OBERHELMAN, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a municipal
corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 17 of Fox Creek Estates Plat 4, City of Waukee, Dallas County, Iowa
WHEREAS, Perfect Acres, L.L.C., an Iowa limited liability company, predecessor in title
to the Property Owners, granted that certain Public Overland Flowage Easement, dated July 16,
2013, recorded on August 8, 2013, in Book 2013, Page 15406, that certain Public Storm Sewer
Easement, dated July 16, 2013, recorded August 13, 2013, in Book 2013, Page 15403, and the
certain Public Utility Easement, dated July 23, 2013, recorded on August 15, 2013, in Book
2013, Page 15402 (collectively the “Easement”) to the City, which prohibited the construction of
permanent improvements within the Easement area, as such real estate is described on Exhibit A,
attached hereto and incorporated herein by this reference (hereinafter called "Easement Area"),
without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owners are aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNER
________________________________
CALISTA OBERHELMAN
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared CALISTA OBERHELMAN, to me
known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ___________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC OVERLAND FLOWAGE EASEMENT LOCATED IN FOX CREEK ESTATES
PLAT 4, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA,
THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 10.00 FEET OF THE SOUTH 20.00 FEET OF LOT 17 IN FOX CREEK
ESTATES PLAT 4.
AND
A PUBLIC UTILITY EASEMENT LOCATING IN FOX CREEK ESTATES PLAT 4, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 10.00 FEET OF LOT 17 IN FOX CREEK ESTATES PLAT 4.
AND
A PUBLIC STORM SEWER EASEMENT LOCATING IN FOX CREEK ESTATES PLAT 4,
AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 10.00 FEET OF LOT 17
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [289 NW
GEORGETOWN DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between JACOB
LOUIS MEYER, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a municipal
corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 19 of Stratford Crossing Plat 3, City of Waukee, Dallas County, Iowa
WHEREAS, Stratford Crossing, L.L.C., an Iowa limited liability company, predecessor
in title to the Property Owners, granted that certain Public Utility Easement, dated August 27,
2019, recorded on September 10, 2019, in Book 2019, Page 16521; and that certain Public
Sanitary Sewer Easement, dated August 27, 2019, recorded on September 10, 2019, in Book
2019, Page 16523 and certain Public Electric Easement, dated August 27, 2019, recorded on
September 10, 2019, in Book 2019, Page 16527 (collectively the “Easement”) to the City, which
prohibited the construction of permanent improvements within the Easement area, as such real
estate is described on Exhibit A, attached hereto and incorporated herein by this reference
(hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owners are aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
JACOB LOUIS MEYER
CITY OF WAUKEE
By:
___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JACOB LOUIS MEYER, to me known
to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ___________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC UTILITY EASEMENT LOCATED IN STRATFORD CROSSING PLAT 3, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHEASTERLY 10.00 FEET OF LOT 19 IN STRATFORD CROSSING PLAT 3.
AND
A PUBLIC SANITARY SEWER EASEMENT LOCATED IN STRATFORD CROSSING
PLAT 3, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA,
THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AND
A PUBLIC ELECTRIC EASEMENT LOCATED IN STRATFORD CROSSING PLAT 3, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 5.00 FEET OF LOT 19 IN STRATFORD CROSSING PLAT 3
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [825 SE HARPER
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between DUSTIN D.
RUNGE & KATHY RUNGE, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a
municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 9 of Willow Brook Plat 2, City of Waukee, Dallas County, Iowa
WHEREAS, Eastpark Development, L.L.C.,, an Iowa limited liability company,
predecessor in title to the Property Owners, granted that certain Overland Flowage Easement,
dated October 11, 2004, recorded on October 21, 2004, in Book 2004, Page 16662, and a Public
Utility Easement, dated October 11, 2004, recorded on October 21, 2004, in Book 2004, Page
16665, in the real property records of Dallas County, Iowa (collectively called the “Easement”)
to the City, which prohibited the construction of permanent improvements within the easement
area, as such real estate is described on Exhibit A, attached hereto and incorporated herein by
this reference (hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owners are aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNER
________________________________
DUSTIN D. RUNGE
________________________________
KATHY RUNGE
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared DUSTIN D. RUNGE, to me known to
be the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared KATHY RUNGE, to me known to be
the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
AN OVERLAND FLOWAGE EASEMENT LOCATED IN WILLOW BROOK PLAT 2, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 10.00 FEET OF LOT 9 IN WILLOW BROOK PLAT 2.
A PUBLIC UTILITY EASEMENT LOCATED IN WILLOW BROOK PLAT 2, AN OFFICIAL
PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 10.00 FEET OF THE EAST 20.00 FEET OF LOT 9 IN WILLOW BROOK PLAT
2.
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [910 INDIAN RIDGE
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between GARY R.
WITKOVSKI AND KATHLEEN B. WITKOVSKI (the “Property Owner”) and the CITY OF
WAUKEE, IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owner owns that property legally described as:
Lot 9 of Painted Woods West Plat 3, City of Waukee, Dallas County, Iowa
WHEREAS, Painted Woods Development, L.C., an Iowa limited liability company,
predecessor in title to the Property Owner, granted that certain Public Overland Flowage
Easement, dated November 14, 2019, recorded on December 10, 2019, in Book 2019, Page
23863 (the “Easement”) to the City, which prohibited the construction of permanent
improvements within the easement area, as such real estate is described on Exhibit A, attached
hereto and incorporated herein by this reference (hereinafter called "Easement Area"), without
the consent of the City.
WHEREAS, the Property Owner desires to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
Easement. The consent afforded hereunder is conditional and subject to revocation by the City as
provided herein. The consent afforded by the City under this agreement is limited to the specific
fence and location provided herein. The Property Owners are aware of the terms of the Easement
and understands that the consent afforded herein does not alter or otherwise change Property
Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
GARY R. WITKOVSKI
________________________________
KATHLEEN B. WITKOVSKI
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2021, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared GARY R. WITKOVSKI, to me known
to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2021, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared KATHLEEN B. WITKOVSKI, to me
known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC OVERLAND FLOWAGE EASEMENT LOCATED IN PAINTED WOODS WEST
PLAT 3, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA,
THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 15.00 FEET OF LOT 9, PAINTED WOODS WEST PLAT 3.
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [685 MORNINGSTAR
COURT]
This Agreement of Consent (“Agreement”) is entered into by and between JOSHUA J
CICHOSKI AND KELLI M CICHOSKI (the “Property Owner”) and the CITY OF WAUKEE,
IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owner owns that property legally described as:
Lot 10 of Daybreak Plat 3, City of Waukee, Dallas County, Iowa
WHEREAS, ATI Daybreak, LLC, an Iowa limited liability company, predecessor in title
to the Property Owner, granted that certain Public Overland Flowage Easement, dated December
28, 2020, recorded on January 5, 2021, in Book 2021, Page 228 (the “Easement”) to the City,
which prohibited the construction of permanent improvements within the Easement area, as such
real estate is described on Exhibit A, attached hereto and incorporated herein by this reference
(hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any of
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNER
________________________________
JOSHUA J CICHOSKI
________________________________
KELLI M CICHOSKI
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JOSHUA J CICHOSKI, to me known to
be the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared KELLI M CICHOSKI, to me known to
be the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC OVERLAND FLOWAGE EASEMENT LOCATED IN DAYBREAK PLAT 3, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 20.00 FEET OF LOT 10 OF DAYBREAK PLAT 3.
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1070 MYLES COURT]
This Agreement of Consent (“Agreement”) is entered into by and between HUSK
HOMES, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a municipal corporation
(hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 3 of Brandon’s Reserve, City of Waukee, Dallas County, Iowa
WHEREAS, M & R Holdings, LLC, an Iowa limited liability corporation, predecessor in
title to the Property Owner, granted that certain Sanitary Sewer Easement, dated October 4,
2016, recorded on October 5, 2016, in Book 2016, Page 19213; and that certain Public Access
and Recreational Trail Easement, dated October 4, 2016, recorded on October 5, 2016, in Book
2016, Page 19206; (collectively the “Easement”) to the City, which prohibited the construction
of permanent improvements within the Easement area, as such real estate is described on Exhibit
A, attached hereto and incorporated herein by this reference (hereinafter called "Easement
Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the water main, the City's
duty of restoration for the portion of the Property located in the Easement Area shall be limited
to grading and replacing grass, sod or any other ground cover (but not including repair or
replacing any paved roadway, driveway, sidewalk, parking, curb, trees or shrubs). In no event
shall the City be responsible for any reconstruction, replacement, repair or maintenance of the
fence or any improvements or structure located on the Property within the Easement Area.
Property Owners further agree that any costs associated with damages made to the water main in
the construction of the fence shall be at the Property Owners sole expense. Property Owners
further understands and agrees that upon 30 days written notice from the City, Property Owners
shall remove the fence and associated material from the easement area, and restore the easement
area to its state prior to the installation of the fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owners are aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNER
________________________________
HUSK HOMES
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared HUSK HOMES, to me known to be the
identical person named in and who executed the foregoing instrument, and acknowledged that
this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ____________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A SANITARY SEWER EASEMENT LOCATED IN BRANDON’S RESERVE, AN OFFICIAL
PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
AND
A PUBLIC ACCESS AND RECREATIONAL TRAIL EASEMENT LOCATED IN
BRANDON’S RESERVE, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1850 SE OLSON
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between GABRIELLA
VAZQUEZ, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a municipal
corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 2 of Hawthorne Ridge Plat 2, City of Waukee, Dallas County, Iowa
WHEREAS, J & K Partners, predecessor in title to the Property Owners, granted that
certain Surface Water Flowage Easement, dated May 8, 1998, recorded on May 21, 1998, in
Book 1998 Page 5143 and certain Sanitary Sewer Easement, dated September 15, 1997, recorded
October 10, 1997 in Book 849, Page 448 (the “Easement”) to the City, which prohibited the
construction of permanent improvements within the Easement area, as such real estate is
described on Exhibit A, attached hereto and incorporated herein by this reference (hereinafter
called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owners are aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
GABRIELLA VAZQUEZ
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared GABRIELLA VAZQUEZ, to me known
to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A SURFACE WATER FLOWAGE EASEMENT LOCATED IN HAWTHORNE RIDGE PLAT
2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 10.00 FEET OF LOT 2 IN HAWTHORNE RIDGE PLAT 2.
AND
A SANITARY SEWER EASEMENT LOCATED IN HAWTHORNE RIDGE PLAT 2, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 15.00 FEET OF LOT 2
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2580 SERENITY
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between MEGAN
AND CRISTOFER JOHNSON (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a
municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 41 of Ashworth Acres Plat 2, City of Waukee, Dallas County, Iowa
WHEREAS, ASHWORTH LAND, L.L.C., an Iowa limited liability company,
predecessor in title to the Property Owners, granted that certain Overland Flowage Easement,
dated December 18, 2020, recorded on December 23, 2020, in Book 2020, Page 36661; and that
certain Sanitary Sewer Easement, dated December 18, 2020, recorded on December 23, 2020, in
Book 2020, Page 36660; (collectively the “Easement”) to the City, which prohibited the
construction of permanent improvements within the Easement area, as such real estate is
described on Exhibit A, attached hereto and incorporated herein by this reference (hereinafter
called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1. CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2. MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3. NO CHANGE. This agreement does not alter, modify or otherwise change any of
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4. HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5. RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6. APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
MEGAN JOHNSON
________________________________
CRISTOFER JOHNSON
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared MEGAN JOHNSON, to me known to be
the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared CRISTOFER JOHNSON, to me known
to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
AN OVERLAND FLOWAGE EASEMENT LOCATED IN ASHWORTH ACRES PLAT 2, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE WESTERLY 10.00 FEET OF LOT 41 IN ASHWORTH ACRES PLAT 2
AND
A SANITARY SEWER EASEMENT LOCATED IN ASHWORTH ACRES PLAT 2, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EASTERLY 15.00 FEET OF LOT 41 AND THE NORTHERLY 23.00 FEET OF LOT 41
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1050 SPRUCE STREET]
This Agreement of Consent (“Agreement”) is entered into by and between HUNTER
WILLIAMS AND BREANNA WILLIAMS, (the “Property Owner”) and the CITY OF
WAUKEE, IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 56 of Spring Crest Plat 4, City of Waukee, Dallas County, Iowa
WHEREAS, Spring Crest Partners, LLC, an Iowa limited liability company, predecessor
in title to the Property Owners, granted that certain Surface Water Flowage and Storm Sewer
Easement, dated January 16, 2019, recorded on January 24, 2019, in Book 2019, Page 1148 (the
“Easement”) to the City, which prohibited the construction of permanent improvements within
the Easement area, as such real estate is described on Exhibit A, attached hereto and incorporated
herein by this reference (hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owners are aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
HUNTER WILLIAMS
________________________________
BREANNA WILLIAMS
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared HUNTER WILLIAMS, to me known to
be the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared BREANNA WILLIAMS, to me known
to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC SURFACE WATER FLOWAGE AND STORM SEWER EASMENT LOCATED
IN SPRING CREST PLAT 4, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 20.00 FEET OF LOT 56 IN SPRING CREST PLAT 4.
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1250 SPRUCE STREET]
This Agreement of Consent (“Agreement”) is entered into by and between RUDY J.
KOESTER AND ERIN E. KOESTER, (the “Property Owner”) and the CITY OF WAUKEE,
IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 22 of Spring Crest Plat 4, City of Waukee, Dallas County, Iowa
WHEREAS, Spring Crest Partners, LLC, an Iowa limited liability company, predecessor
in title to the Property Owners, granted that certain Surface Water Flowage and Storm Sewer
Easement, dated January 16, 2019, recorded on January 24, 2019, in Book 2019, Page 1148 (the
“Easement”) to the City, which prohibited the construction of permanent improvements within
the Easement area, as such real estate is described on Exhibit A, attached hereto and incorporated
herein by this reference (hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owners are aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
RUDY J. KOESTER
________________________________
ERIN E. KOESTER
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared RUDY J. KOESTER, to me known to be
the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ERIN E. KOESTER, to me known to be
the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC SURFACE WATER FLOWAGE AND STORM SEWER EASMENT LOCATED
IN SPRING CREST PLAT 4, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 25.00 FEET OF LOT 22 IN SPRING CREST PLAT 4.
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [127 NW SUNRISE
DRIVE / 330 NW GRACEWOOD DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between ALEX
NEWBERG (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a municipal
corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 14 of Indi Run Plat 2, City of Waukee, Dallas County, Iowa
WHEREAS, INDI RUN, L.L.C., an Iowa limited liability company, predecessor in title
to the Property Owners, granted that certain Sanitary Sewer Easement, dated December 19,
2018, recorded on December 28, 2018, in Book 2018, Page 24084, (collectively the “Easement”)
to the City, which prohibited the construction of permanent improvements within the Easement
area, as such real estate is described on Exhibit A, attached hereto and incorporated herein by
this reference (hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any of
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
ALEX NEWBERG
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ALEX NEWBERG, to me known to be
the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC SANITARY SEWER EASEMENT LOCATED IN INDI RUN PLAT 2, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [3850 WESTWIND
COURT]
This Agreement of Consent (“Agreement”) is entered into by and between REID
JEWELL & ANGELA JEWELL (the “Property Owners”) and the CITY OF WAUKEE, IOWA,
a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 36 of Painted Woods West Plat 1, City of Waukee, Dallas County, Iowa
WHEREAS, Painted Woods Development, LC, an Iowa limited liability company,
predecessor in title to the Property Owners, granted that certain Overland Flowage Easement,
dated October 21, 2015, recorded on October 23, 2015, in Book 2015, Page 17333 (collectively
the “Easement”) to the City, which prohibited the construction of permanent improvements
within the Easement area, as such real estate is described on Exhibit A, attached hereto and
incorporated herein by this reference (hereinafter called "Easement Area"), without the consent
of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any of
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
REID JEWELL
________________________________
ANGELA JEWELL
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared REID JEWELL, to me known to be the
identical person named in and who executed the foregoing instrument, and acknowledged that
this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ANGELA JEWELL, to me known to be
the identical person named in and who executed the foregoing instrument, and acknowledged
that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) ss.
COUNTY OF DALLAS )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC OVERLAND FLOWAGE EASEMENT LOCATED ON PART OF LOT 36 IN
PAINTED WOODS WEST PLAT 1, AN OFFICIAL PLAT IN THE CITY OF WAUKEE,
DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS
FOLLOWS:
THE WESTERLY 15.00 FEET OF LOT 36 IN PAINTED WOODS WEST PLAT 1
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Bill Mettee, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [570 SE
WILLOWBROOK DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between JACOB LEE
VOLLMAR AND JUDITH KATHRYN VOLLMAR, (the “Property Owners”) and the CITY
OF WAUKEE, IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 3 of Willow Brook Plat 4, City of Waukee, Dallas County, Iowa
WHEREAS, EAST PARK DEVELOPMENT, LLC, predecessor in title to the Property
Owner, granted an Overland Flowage Easement, dated November 13, 2000, recorded on
November 27, 2000, in Book 2000, Page 12293, in the real property records of Dallas County,
Iowa (the “Easement”) to the City, which prohibited the construction of permanent
improvements within the Easement area, as such real estate is described on Exhibit A, attached
hereto and incorporated herein by this reference (hereinafter called "Easement Area"), without
the consent of the City.
WHEREAS, the Property Owner desires to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owners are aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2022.
PROPERTY OWNERS
________________________________
JACOB LEE VOLLMAR
________________________________
JUDITH KATHRYN
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JACOB LEE VOLLMAR, to me known
to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JUDITH KATHRYN VOLLMAR, to
me known to be the identical person named in and who executed the foregoing instrument, and
acknowledged that this person executed the instrument as the voluntary act of the person.
_______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this ____ day of _______________, 2022, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Courtney Clarke and Rebecca D.
Schuett, to me personally known, and, who, being by me duly sworn, did say that they are the
Mayor and the City Clerk, respectively, of the City of Waukee, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the corporation, and that the instrument was signed
and sealed on behalf of the corporation, by authority of its City Council, as contained in
Resolution No. _________ adopted by the City Council, under Roll Call of the City Council on
the ____ day of _______________, 2022, and that Courtney Clarke and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
AN OVERLAND FLOWAGE EASEMENT LOCATED IN WILLOW BROOK PLAT 4, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT B
LOCATION OF FENCE
= Fence Location