HomeMy WebLinkAbout2025-04-07 I01E_05 Fence Agreements_04072025 AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 7, 2025
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. 145 Indian Ridge Drive
2. 590 NW Compass Avenue
3. 1154 NW Petersen Drive
4. 1095 Spruce Street
5. 1230 Cedar Street
6. 45 Broderick Drive
7. 2662 SE Steele Drive
8. 715 NE Dartmoor Drive
9. 255 NW Copperleaf Court
10. 915 Northview Drive
11. 2652 SE Steele Drive
12. 670 SE Carefree Lane
13. 1065 SE Grant Woods Court
14. 65 NW Rolling Circle
15. 820 Bel Aire Court
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.
I1E5
RECOMMENDATION: Approve the Resolution
ATTACHMENTS: I. Proposed Resolution
II. Agreements
PREPARED BY: Elizabeth Cramblet, City Planner
THE CITY OF WAUKEE, IOWA
RESOLUTION 2025-
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. 145 Indian Ridge Drive
2. 590 NW Compass Avenue
3. 1154 NW Petersen Drive
4. 1095 Spruce Street
5. 1230 Cedar Street
6. 45 Broderick Drive
7. 2662 SE Steele Drive
8. 715 NE Dartmoor Drive
9. 255 NW Copperleaf Court
10. 915 Northview Drive
11. 2652 SE Steele Drive
12. 670 SE Carefree Lane
13. 1065 SE Grant Woods Court
14. 65 NW Rolling Circle
15. 820 Bel Aire Court
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 7th day of
April, 2025, 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
R. Charles Bottenberg
Chris Crone
Rob Grove
Anna Bergman Pierce
Ben Sinclair
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [145 INDIAN RIDGE
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between TIMOTHY &
JESSICA FLEMING, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a
municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lots 1 & 1A of Painted Woods Plat 3, City of Waukee, Dallas County, Iowa
WHEREAS, Painted Woods Development Company Joint Venture, predecessor in title to
the Property Owners, granted that certain Final Plat for Painted Woods Plat 3, approved by City
Council on August 1, 2006, recorded on April 5, 2007, in Book 2007, Page 4632, which states
under Notes, #1: “Residential uses. No privately owned structures can be constructed or
maintained within said outlots.”
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
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 ______________, 2025.
PROPERTY OWNERS
________________________________
TIMOTHY FLEMING
________________________________
JESSICA FLEMING
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2020, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared TIMOTHY FLEMING, 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 __________________, 2020, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JESSICA FLEMING, 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 _______________, 2025, 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 _______________, 2025, 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
NO PRIVATELY OWNED STTRUCTURES CAN BE CONSTRUCTED OR MAINTAINED
WITHIN SAID OUTLOTS IN PAINTED WOODS PLAT 3, AN OFFICIAL PLAT IN THE
CITY OF WAUKEE, DALLAS COUNTY, IOWA.
EXHIBIT B
LOCATION OF FENCE
= Proposed Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [590 NW COMPASS
AVENUE]
This Agreement of Consent (“Agreement”) is entered into by and between ROCHAK &
PRITI POUDEL OJHA, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a
municipal corporation (hereinafter called “City”).
WHEREAS, Property Owner owns that property legally described as:
Lot 6 of Waukee Crossing Plat 3, City of Waukee, Dallas County, Iowa
WHEREAS, HRC WAUKEE CROSSING, LLC, an Iowa limited liability company,
predecessor in title to the Property Owner, granted that certain Overland Flowage Easement,
dated October 13, 2022, recorded on January 27, 2023, in Book 2023, Page 1173; and that
certain Private Storm Sewer Easement, dated October 13, 2022, recorded on January 27, 2023, in
Book 2023, Page 1177; and that certain Public Utility Easement, dated October 13, 2022,
recorded on January 27, 2023, in Book 2023, Page 1176; (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 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 ______________, 2025.
PROPERTY OWNER
________________________________
ROCHAK OJHA
________________________________
PRITI POUDEL OJHA
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ROCHAK OJHA, 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 __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared PRITI POUDEL OJHA, 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 _______________, 2025, 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 _______________, 2025, 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 WAUKEE CROSSING PLAT 3,
AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHERLY 15.00 FEET OF THE SOUTHERLY 25.00 FEET OF LOTS 1 THROUGH
11, WAUKEE CROSSING PLAT 3.
AND
A PRIVATE STORM SEWER EASEMENT LOCATED IN WAUKEE CROSSING PLAT 3,
AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHERLY 15.00 FEET OF THE SOUTHERLY 25.00 FEET OF LOTS 1 THROUGH
11, WAUKEE CROSSING PLAT 3.
AND
A PUBLIC UTILITY EASEMENT LOCATED IN WAUKEE CROSSING PLAT 3, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHERLY 10.00 FEET OF LOTS 1 THROUGH 11, 35, 60, AND OUTLOT ‘Z’,
WAUKEE 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: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1154 NW PETERSEN
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between ALEXIS
BEHRENS (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 15 of Alder Point Plat 1, City of Waukee, Dallas County, Iowa
WHEREAS, HRC Alder Point, LLC, an Iowa limited liability company, predecessor in
title to the Property Owners, granted that certain Overland Flowage Easement, dated July 18,
2023, recorded on September 20, 2023, in Book 2023, Page 13944; (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 ______________, 2025.
PROPERTY OWNER
________________________________
ALEXIS BEHRENS
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ALEXIS BEHRENS, 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 _______________, 2025, 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 _______________, 2025, 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 LOT 15 IN ALDER
POINT PLAT 1, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY,
IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHERLY 20.00 FEET OF LOT 15 IN ALDER POINT PLAT 1.
EXHIBIT B
LOCATION OF FENCE
= Fence Location – 1154 NW Petersen Drive
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1095 SPRUCE STREET]
This Agreement of Consent (“Agreement”) is entered into by and between PATRICK &
CATALINA BOS, (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 6 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 Public Storm Sewer Easement, dated January
16, 2019, recorded on January 16, 2019, in Book 2019, Page 1152; and that certain Public Utility
Easement, dated January 16, 2019, in Book 2019, Page 1153; (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 ______________, 2025.
PROPERTY OWNERS
________________________________
PATRICK BOS
________________________________
CATALINA BOS
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared PATRICK BOS, 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 __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared CATALINA BOS, 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 _______________, 2025, 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 _______________, 2025, 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 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 WEST 15.00 FEET OF LOT 6 IN SPRING CREST PLAT 4.
AND
A PUBLIC UTILITY EASEMENT 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 SOUTH 10.00 FEET OF LOT 6 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: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1230 CEDAR STREET]
This Agreement of Consent (“Agreement”) is entered into by and between MICHAEL
THOMAS KURTH, (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 21 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 & Storm Sewer Easement,
dated July 8, 2020, recorded on July 17, 2020, in Book 2020, Page 17576; (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 ______________, 2025.
PROPERTY OWNER
________________________________
MICHAEL THOMAS KURTH
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared MICHAEL THOMAS KURTH, 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 _______________, 2025, 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 _______________, 2025, 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 & STORM SEWER 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 NORTH 20.00 FEET OF LOT 23 IN SPRING CREST PLAT 5.
EXHIBIT B
LOCATION OF FENCE
= Fence Location – 1230 Cedar Street
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [45 BRODERICK
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between DUANE
ESDOHR, (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 11 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 ______________, 2025.
PROPERTY OWNER
________________________________
DUANE ESDOHR
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared DUANE ESDOHR, 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 _______________, 2025, 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 _______________, 2025, 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 11 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 11 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 45 Broderick Drive
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Elizabeth Cramblet, City of Waukee, 204 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2662 SE STEELE
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between ROBERT E &
MICHELE M HOFFMAN, (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 27 of Maple Grove Place Plat 1, City of Waukee, Dallas County, Iowa
WHEREAS, Maple Grove Place, L.L.C., an Iowa limited liability company, predecessor
in title to the Property Owner, granted that certain Storm Water Detention Easement, dated May
18, 2022, recorded on September 20, 2022, in Book 2022, Page 20381; and that certain Public
Utility Easement, dated May 18, 2022, recorded on September 20, 2022, in Book 2022, Page
20378; (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 ______________, 2025.
PROPERTY OWNER
________________________________
ROBERT E HOFFMAN
________________________________
MICHELE M HOFFMAN
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ROBERT E 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 __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared MICHELE M 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 _______________, 2025, 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 _______________, 2025, 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 WATER DETENTION EASEMENT LOCATED IN MAPLE GROVE
PLACE, AN OFFICIAL PLAT NOW INCLUDED AND FORMING A PART OF THE CITY
OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE SOUTHERLY AND WESTERLY 10.00 FEET OF LOTS 24 THROUGH 28 LYING
PARRALEL AND ADJACENT TO THE NORTHEASTERLY LINE OF OUTLOT “X”.
AND
A PUBLIC UTILITY EASEMENT LOCATED IN MAPLE GROVE PLACE, AN OFFICIAL
PLAT NOW INCLUDED IN AND FORMING A PART OF THE CITY OF WAUKEE,
DALLAS COUNTY, IOWA, AND MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 10.00 FEET OF LOT 27.
EXHIBIT B
LOCATION OF FENCE
= Fence Location: 2662 SE Steele Drive
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [715 NE DARTMOOR
DR]
This Agreement of Consent (“Agreement”) is entered into by and between AMIR &
MELISA ISLAMAGIC, (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 Corrected Fox Creek Estates Plat 6, City of Waukee, Dallas County,
Iowa
WHEREAS, Fox Creek Waukee, LLC, an Iowa limited liability company, predecessor in
title to the Property Owners, granted that certain Overland Flowage Easement, dated November
9, 2015, recorded on November 23, 2015, in Book 2015, Page 18895, (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 ______________, 2025.
PROPERTY OWNERS
________________________________
AMIR ISLAMAGIC
________________________________
MELISA ISLAMAGIC
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared AMIR ISLAMAGIC, 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 __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared MELISA ISLAMAGIC, 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 _______________, 2025, 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 _______________, 2025, 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 CORRECTED FOX CREEK
ESTATES PLAT 6, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY,
IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE EAST 10.00 FEET OF LOTS 1, 2, AND 3, CORRECTED FOX CREEK ESTATES PLAT
6.
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: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [255 NW COPPERLEAF
COURT]
This Agreement of Consent (“Agreement”) is entered into by and between ANDREW
CLAMAN AND MARIA CLAMAN RAMIREZ (the “Property Owners”) and the CITY OF
WAUKEE, IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owner owns that property legally described as:
Lot 33 of Prairie Rose Plat 6, 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 16, 2022, recorded on
December 9, 2022, in Book 2022, Page 24934; certain Public Storm Sewer Easement, dated
November 16, 2022, recorded on December 9, 2022, in Book 2022, Page 24935; (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 ______________, 2025.
PROPERTY OWNER
________________________________
ANDREW CLAMAN
________________________________
MARIA CLAMAN RAMIREZ
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ANDREW CLAMAN, 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 __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared MARIA CLAMAN RAMIREZ, 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 _______________, 2025, 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 _______________, 2025, 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 AND FLOWAGE EASEMENT LOCATED IN PRAIRIE ROSE
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 LOTS 21 THROUGH 23 AND 30 THROUGH 33, IN
PRAIRIE ROSE PLAT 6
A PUBLIC STORM SEWER EASMENT LOCATED IN PRAIRIE ROSE PLAT 6, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
A PART OF LOTS 26, 33, AND 34, AND MORE PARTICULARLY DESCRIBED AS A 20.00
FOOT WIDE EASEMENT BEING 10.00 FEET ON EACH SIDE OF THE FOLLOWING
CENTERLINE:
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: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [915 NORTHVIEW
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between ELLEN
SANDERS, (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 21 of Autumn Valley Plat 2, City of Waukee, Dallas County, Iowa
WHEREAS, D.R. Horton – Iowa, LLC, an Iowa limited liability company, and Forestar
(USA) Real Estate Group Inc. predecessor in title to the Property Owners, granted that certain
Public Overland Flowage Easement, dated September 12, 2022, recorded on September 14,
2022, in Book 2022, Page 19956; 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 ______________, 2025.
PROPERTY OWNERS
________________________________
ELLEN SANDERS
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ELLEN SANDERS, 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 _______________, 2025, 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 _______________, 2025, 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 AUTUMN VALLEY PLAT
2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 20.00 FEET OF LOTS 10 THRU 22 INCLUSIVE OF SAID AUTUMN
VALLEY PLAT 2
EXHIBIT B
LOCATION OF FENCE
= Fence Location 915 Northview Drive
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Elizabeth Cramblet, City of Waukee, 204 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2652 SE STEELE
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between JANE M
BRENNAN & ROGER A ROSENBERG, (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 25 of Maple Grove Place Plat 1, City of Waukee, Dallas County, Iowa
WHEREAS, Maple Grove Place, L.L.C., an Iowa limited liability company, predecessor
in title to the Property Owner, granted that certain Storm Water Detention Easement, dated May
18, 2022, recorded on September 20, 2022, in Book 2022, Page 20381 (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 ______________, 2025.
PROPERTY OWNERS
________________________________
JANE M BRENNAN
________________________________
ROGER A ROSENBERG
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JANE M BRENNAN, 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 __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ROGER A ROSENBERG, 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 _______________, 2025, 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 _______________, 2025, 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 PART OF MAPLE GROVE PLACE, AN OFFICIAL PLAT NOW INCLUDED AND
FORMING A PART OF THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHERLY AND WESTERLY 10.00 FEET OF LOTS 24 THROUGH 28 LYING
PARRALEL AND ADJACENT TO THE NORTHEASTERLY LINE OF OUTLOT “X”.
EXHIBIT B
LOCATION OF FENCE
= Fence Location: 2652 SE Steele Drive
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [670 SE CAREFREE
LANE]
This Agreement of Consent (“Agreement”) is entered into by and between TIMOTHY &
MEGAN WILLMAN, (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 20 of Windfield II Plat 5, 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 August 16, 2005, recorded on November 15, 2005, in Book 2005, Page 19468,
and the certain Public Utility Easement, dated August 18, 2005, recorded November 15, 2005, in
Book 2005, Page 19469 (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 ______________, 2025.
PROPERTY OWNERS
________________________________
TIMOTHY WILLMAN
PROPERTY OWNERS
________________________________
MEGAN WILLMAN
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared TIMOTHY WILLMAN, 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 __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared MEGAN WILLMAN, 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 _______________, 2025, 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 _______________, 2025, 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 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 20 IN WINDFIELD II PLAT 5.
A PUBLIC UTILITY EASEMENT LOCATED IN WINDFIELD 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 AND THE SOUTH 5.00 FEET OF LOT 20 IN WINDFIELD 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: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1065 SE GRANT
WOODS COURT]
This Agreement of Consent (“Agreement”) is entered into by and between LORI L
THORNTON, (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 13 of Grant Woods Waukee Plat 1, City of Waukee, Dallas County, Iowa
WHEREAS, Grant Woods, L.L.C., an Iowa limited liability company, predecessors in
title to the Property Owners, granted that certain Overland Flowage Easement, dated August 26,
2015, recorded on September 8, 2015, in Book 2015, Page 14721, (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 ______________, 2025.
PROPERTY OWNER
________________________________
LORI L THORNTON
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared LORI L THORNTON, 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 _______________, 2025, 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 _______________, 2025, 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
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: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [65 NW ROLLING
CIRCLE]
This Agreement of Consent (“Agreement”) is entered into by and between BREE BINKS
(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 9 of Fox Valley Plat 1, City of Waukee, Dallas County, Iowa
WHEREAS, FOX VALLEY DEVELOPMENT, L.L.C., an Iowa limited liability
company, predecessor in title to the Property Owners, granted that certain Overland Flowage
Easement, dated October 3, 2023, recorded on January 11, 2024, in Book 2024, Page 426; and
that certain Public Storm Sewer Easement, dated October 3, 2023, recorded on January 11, 2024,
in Book 2024, Page 428; and that certain Public Utility Easement, dated October 3, 2023,
recorded on January 11, 2024, in Book 2024, Page 427; (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 ______________, 2025.
PROPERTY OWNERS
________________________________
BREE BINKS
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2025, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared BREE BINKS, 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 _______________, 2025, 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 _______________, 2025, 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 VALLEY PLAT 1,
AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHERLY 20.00 FEET OF LOT 9 IN FOX VALLEY PLAT 1
AND
A PUBLIC STORM SEWER EASEMENT LOCATED IN FOX VALLEY PLAT 1, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE EASTERLY 10.00 FEET OF LOTS 1 AND 9 IN FOX VALLEY PLAT 1
AND
A PUBLIC UTILITY EASEMENT LOCATED IN FOX VALLEY PLAT 1, AN OFFICIAL
PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTHERLY 10.00 FEET OF THE NORTHERLY 30.00 FEET OF LOTS 9 AND 10 IN
FOX VALLEY PLAT 1
EXHIBIT B
LOCATION OF FENCE
= Fence Location 65 NW Rolling Circle
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Elizabeth Cramblet, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [820 BEL AIRE COURT]
This Agreement of Consent (“Agreement”) is entered into by and between
HARIVENKATESH PATTUMANI VIJAYAKUMAR & THAMANNA KALAI
KALAIARASAN, (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 78 of Autumn Valley Plat 2, City of Waukee, Dallas County, Iowa
WHEREAS, D.R. Horton – Iowa, LLC, an Iowa limited liability company, and Forestar
(USA) Real Estate Group Inc. predecessor in title to the Property Owners, granted that certain
Overland Flowage Easement, dated July 13, 2022, recorded on September 14, 2022, in Book
2022, Page 19956, certain Public Utility Easement, dated May 16, 2022, recorded on September
14, 2022, in Book 2022, Page 19961; (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 ______________, 2024.
PROPERTY OWNERS
________________________________
HARIVENKATESH PATTUMANANI
VIJAYAKUMAR
PROPERTY OWNERS
________________________________
THAMANNA KALAI KALAIARASAN
CITY OF WAUKEE
By: ___________________________
Courtney Clarke, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2024, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared HARIVENKATESH PATTUMANI
VIJAYAKUMAR, 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 __________________, 2024, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared THAMANNA KALAI
KALAIARASAN, 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 _______________, 2024, 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 _______________, 2024, 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 AUTUMN VALLEY PLAT
2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
AND
A PUBLIC UTILITY EASMENT LOCATED IN AUTUMN VALLEY 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