Loading...
HomeMy WebLinkAbout2023-11-06 I01F_07 Fence Agreements_110623 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: November 6, 2023 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. 2920 SE Belfry Drive 2. 65 Broderick Drive 3. 670 SE Cardinal Lane 4. 1225 Cedar Street 5. 535 SE Crabapple Drive 6. 525 SE Esker Ridge Drive 7. 1580 SE Hawthorne Ridge Drive 8. 230 NW Lavelle Drive 9. 1595 SE Olson Drive 10. 1157 NW Yorktown 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: 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 I1F7 THE CITY OF WAUKEE, IOWA RESOLUTION 2023- 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. 2920 SE Belfry Drive 2. 65 Broderick Drive 3. 670 SE Cardinal Lane 4. 1225 Cedar Street 5. 535 SE Crabapple Drive 6. 525 SE Esker Ridge Drive 7. 1580 SE Hawthorne Ridge Drive 8. 230 NW Lavelle Drive 9. 1595 SE Olson Drive 10. 1157 NW Yorktown 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 6th day of November, 2023, 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 [2920 SE BELFRY DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between TRAVIS AND NINA MANSFIELD, (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 8 of Belfry Estates, City of Waukee, Dallas County, Iowa WHEREAS, Mark Anderson Development, LLC, an Iowa limited liability corporation, predecessor in title to the Property Owners, granted that certain Surface Water Flowage Easement, dated January 19, 2000, recorded on January 24, 2000 in Book 2000, Page 668, (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 ______________, 2023. PROPERTY OWNERS ________________________________ TRAVIS MANSFIELD ________________________________ NINA MANDFIELD CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared TRAVIS MANSFIELD, 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 __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared NINA MANSFIELD, 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 _______________, 2023, 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 _______________, 2023, 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 BELFRY ESTATES, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 40.00 FEET TO THE SOUTH 50.00 FEET OF LOT 4 IN BELFRY ESTATES. (REFER TO SUBDIVISION PLAT MAP) 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 [65 BRODERICK DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between HUNTER SHOLL, (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 12 of Glynn Village Plat 1, City of Waukee, Dallas County, Iowa WHEREAS, Hubbell Metropolitan Development Fund I, LLC (Series E), predecessor in title to the Property Owners, granted that certain Surface Water Flowage Easement, dated February 20, 2006, recorded on March 6, 2006, in Book 2006, Page 3298 and that certain Public Utility Easement, dated February 20, 2006, recorded on March 6, 2006, in Book 2006, Page 3295 (collectively the “Easement”) to the City, which prohibited the construction of permanent improvements within the easement area, as such real estate identified 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 ______________, 2023. PROPERTY OWNERS ________________________________ HUNTER SHOLL CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared HUNTER SHOLL, 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 _______________, 2023, 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 _______________, 2023, 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 GLYNN VILLAGE PLAT 1, 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 12 IN GLYNN VILLAGE PLAT 1. AND A PUBLIC UTILITY EASEMENT LOCATED IN GLYNN VILLAGE PLAT 1, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 10.00 FEET OF THE NORTH 30.00 FEET OF LOT 12 IN GLYNN VILLAGE PLAT 1 AND THE WEST 5.00 FEET OF LOT 12 IN GLYNN VILLAGE 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 [670 SE CARDINAL LANE] This Agreement of Consent (“Agreement”) is entered into by and between LARRY AND MAGGIE WUNSCHEL, (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 Windfield II Plat 3, City of Waukee, Dallas County, Iowa WHEREAS, Windfield Development II, LC., an Iowa limited liability company, predecessor in title to the Property Owners, granted that certain Surface Water Flowage Easement, dated July 18, 2005, recorded on September 29, 2005, in Book 2005, Page 16396, and the certain Public Utility Easement, dated July 18, 2005, recorded September 29, 2005, in Book 2005, Page 16398 (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 ______________, 2023. PROPERTY OWNERS ________________________________ LARRY WUNSCHEL ________________________________ MAGGIE WUNSCHEL CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared LARRY WUNSCHEL, 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 __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared MAGGIE WUNSCHEL, 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 _______________, 2023, 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 _______________, 2023, 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 WINDFIELD II PLAT 3, 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 3 IN WINDFIELD II PLAT 3. A PUBLIC UTILITY EASEMENT LOCATED IN WINDFIELD II PLAT 3, 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 3 IN WINDFIELD II 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 [1225 CEDAR STREET] This Agreement of Consent (“Agreement”) is entered into by and between DOROTTYA SZIGETI, (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 12 of Spring Crest Plat 5, 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 Overland Flowage Easement, dated July 8, 2020, recorded on July 17, 2020, in Book 2020, Page 17575; and that certain Public Utility Easement, dated July 8, 2020, recorded on July 17, 2020, in Book 2020, Page 17577 (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 ______________, 2023. PROPERTY OWNERS ________________________________ DOROTTYA SZIGETI CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared DOROTTYA SZIGETI, 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 _______________, 2023, 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 _______________, 2023, 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 EASMENT LOCATED IN SPRING CREST PLAT 5, 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 12 IN SPRING CREST PLAT 5. AND A PUBLIC UTILITY EASMENT LOCATED IN SPRING CREST PLAT 5, 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 12 IN SPRING CREST 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 [535 SE CRABAPPLE DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between JAMES AND ERIKA HOTCHKIN, (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 20 of Westgate Plat 4, City of Waukee, Dallas County, Iowa WHEREAS, Westgate Partnership, an Iowa general partnership, predecessor in title to the Property Owners, granted that certain Public Utility and Drainage Easement, dated July 24, 2001, recorded on April 5, 2002, in Book 2002, Page 4586, (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 ______________, 2023. PROPERTY OWNER ________________________________ JAMES HOTCHKIN ________________________________ ERIKA HOTCHKIN CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared JAMES HOTCHKIN, 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 __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ERIKA HOTCHKIN, 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 _______________, 2023, 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 _______________, 2023, 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 AND DRAINAGE EASEMENT LOCATED IN WESTGATE PLAT 4, 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 20 IN WESTGATE 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 [525 SE ESKER RIDGE DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between WEI ZHAO AND FEIFEI CHEN, (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 7 of Kettlestone Ridge Plat 7, 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 and Storm Sewer Easement, dated October 18, 2021, recorded on November 30, 2021, in Book 2021, Page 34960; and that certain Public Utility Easement, dated October 18, 2021, recorded on November 30, 2021, in Book 2021, Page 34955 (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 ______________, 2023. PROPERTY OWNERS ________________________________ WEI ZHAO ________________________________ FEIFEI CHEN CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared WEI ZHAO 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 __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared FEIFEI CHEN 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 _______________, 2023, 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 _______________, 2023, 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 AND STORM SEWER EASEMENT LOCATED IN KETTLESTONE RIDGE PLAT 7, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: AND A PUBLIC UTILITY EASEMENT LOCATED IN KETTLESTONE RIDGE PLAT 7, 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 [1580 SE HAWTHORNE RIDGE DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between CHRISTOPHER AND JEANA BOYD, (the “Property Owner”) and the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter called “City”). WHEREAS, Property Owners owns that property legally described as: Lot 24 of Williams Pointe Plat 4, City of Waukee, Dallas County, Iowa WHEREAS, Williams Turf Farms, Inc., an Iowa corporation, predecessor in title to the Property Owners, granted that certain Storm Sewer and Overland Flowage Easement, dated September 24, 2004, recorded on October 13, 2004, in Book 2004, Page 16139, (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 ______________, 2023. PROPERTY OWNER ________________________________ CHRISTOPHER BOYD PROPERTY OWNER ________________________________ JEANA BOYD CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared CHRISTOPHER BOYD, 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 __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared JEANA BOYD, 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 _______________, 2023, 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 _______________, 2023, 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 OVERLAND FLOWAGE EASEMENT LOCATED IN WILLIAMS POINTE PLAT 4, 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 24 IN WILLIAMS POINTE PLAT 4. AND A PUBLIC UTILITY EASEMENT LOCATED IN WILLIAMS POINTE 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 40.00 FEET OF LOT 24 IN WILLIAMS POINTE 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 [230 NW LAVELLE DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between CALEB HOPSON (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 36 of Prairie Rose Plat 5, City of Waukee, Dallas County, Iowa WHEREAS, Prairie Rose Waukee, LLC, predecessors in title to the Property Owners, granted that certain Public Overland Flowage Easement, dated November 9, 2022, recorded on December 9, 2022, in Book 2022, Page 24921; (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 ______________, 2023. PROPERTY OWNER ________________________________ CALEB HOPSON CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared CALEB HOPSON, 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 _______________, 2023, 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 _______________, 2023, 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 EASMENT LOCATED IN PRAIRIE ROSE PLAT 3, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 20.00 FEET OF LOT 36 IN PRAIRIE ROSE 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 [1595 SE OLSON DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between FAITH AND BENJAMIN SHELLABARGER, (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 8 of Indigo Ridge Plat 2, City of Waukee, Dallas County, Iowa WHEREAS, Jerry’s Homes, Inc., an Iowa corporation, predecessor in title to the Property Owners, granted that certain Sanitary Sewer Easement, dated September 20, 1999, recorded on December 29, 1999, in Book 1999, Page 014327, and certain Public Utility Easement, dated September 20, 1999, recorded on December 29, 1999, in Book 1999, Page 014326, 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 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 ______________, 2023. PROPERTY OWNER ________________________________ FAITH SHELLABARGER ________________________________ BENJAMIN SHELLABARGER CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared FAITH SHELLABARGER, 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 __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared BENJAMIN SHELLABARGER, 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 _______________, 2023, 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 _______________, 2023, 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 INDIGO 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 8 IN INDIGO RIDGE PLAT 2. AND A PUBLIC UTILITY EASEMENT LOCATED IN INDIGO RIDGE PLAT 2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 10.00 FEET OF LOT 8 IN INDIGO RIDGE 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 [1157 NW YORKTOWN DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between ASHLEY AND CHRISTOPHER HANSON (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 27 of Stratford Crossing Plat 6, 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 Overland Flowage Easement, dated December 9, 2020, recorded on December 23, 2020, in Book 2020, Page 36587 and certain Public Utility Easement, dated December 9, 2020, recorded on December 23, 2020, in Book 2020, Page 36585 (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 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 ______________, 2023. PROPERTY OWNERS ________________________________ ASHLEY HANSON ________________________________ CHRISTOPHER HANSON CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ASHLEY HANSON 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 __________________, 2023, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared CHRISTOPHER HANSON 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 _______________, 2023, 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 _______________, 2023, 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 STRATFORD CROSSING PLAT 6, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHERLY 10.00 FEET OF LOT 27 IN STRATFORD CROSSING PLAT 6. AND A PUBLIC UTILITY EASEMENT LOCATED IN STRATFORD CROSSING PLAT 6, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 5.00 FEET OF LOT 27 IN STRATFORD CROSSING PLAT 6. EXHIBIT B LOCATION OF FENCE = Fence Location