Loading...
HomeMy WebLinkAbout2025-12-01 I01E_05 Deck, Retaining Wall Agreements_12012025 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: December 1, 2025 AGENDA ITEM: Consideration of approval of a resolution approving various Agreements Concerning Construction of Deck & Retaining Wall FORMAT: Consent Agenda SYNOPSIS INCLUDING PRO & CON: Greater Des Moines Habitat for Humanity has requested approval to permit the construction of four decks and one retaining wall within a portion of an existing sanitary sewer easement located along the east side of the Walnut Crossing Townhome project that is currently under construction. The following addresses are the properties subject to this request: 1. 851 NW Hopewell Court (deck) 2. 855 NW Hopewell Court (deck) 3. 861 NW Hopewell Court (deck) 4. 865 NW Hopewell Court (deck & retaining wall) Staff has reviewed the proposed requests and feels comfortable that the proposed decks and retaining wall will not adversely impact access to the easement. The attached Agreements specify the property owners’ maintenance responsibilities and requirements for removing the decks and retaining wall 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 Deck & Retaining Wall. RECOMMENDATION: Approve the Resolution ATTACHMENTS: I. Proposed Resolution II. Agreements PREPARED BY: Andy Kass, Community Development Director I1E5 THE CITY OF WAUKEE, IOWA RESOLUTION 2025- APPROVING VARIOUS AGREEMENTS CONCERNING CONSTRUCTION OF DECK & RETAINING WALL 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 occasionally approves various easements which prohibit the location of a deck or a retaining wall within the easement area as a part of the subdivision process; AND, WHEREAS, the owners of the following Properties are desirous of installing a deck and/or a retaining wall on their property within a portion of an existing easement: 1. 851 NW Hopewell Court 2. 855 NW Hopewell Court 3. 861 NW Hopewell Court 4. 865 NW Hopewell Court WHEREAS, the City of Waukee is agreeable to the construction of a deck and/or retaining wall within a portion of the various easements related to the properties specified above pursuant to the terms of the Agreement Concerning Construction of Deck and the Agreement Concerning Construction of a Deck & Retaining Wall for each individual property. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa on this 1st day of December, 2025, that the Agreement Concerning Construction of Deck and the Agreement Concerning Construction of a Deck & Retaining Wall 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 Deck and the Agreement Concerning Construction of a Deck & Retaining Wall 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: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF DECK [851 NW HOPEWELL COURT] This Agreement of Consent (“Agreement”) is entered into by and between GREATER DES MOINES HABITAT FOR HUMANITY, (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 30 of Walnut Crossing Townhomes, City of Waukee, Dallas County, Iowa WHEREAS, Broderick Family, L.P., predecessor in title to the Property Owners, granted that certain Sanitary Sewer Easement, dated January 4, 2013, recorded on January 10, 2013, in Book 2013, Page 722 (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 deck and a patio 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 deck and patio 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 DECK. The Easement prohibits Property Owners from locating any deck 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 deck and patio 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 deck and patio 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 sanitary sewer line, 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 deck and patio 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 deck and patio and associated material from the easement area, and restore the easement area to its state prior to the installation of the deck and patio, 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 deck and patio 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 deck 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 ________________________________ LANCE HENNING, AN OFFICER OR REPRESENTATIVE OF GREATER DES MOINES HABITAT FOR HUMANITY 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 LANCE HENNING, AN OFFICER OR REPRESENTATIVE OF GREATER DES MOINES HABITAT FOR HUMANITY, 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 SANITARY SEWER EASMENT LOCATED IN WALNUT CROSSING TOWNHOMES, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT B LOCATION OF DECK & PATIO = Deck & Patio Location WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF DECK [855 NW HOPEWELL COURT] This Agreement of Consent (“Agreement”) is entered into by and between GREATER DES MOINES HABITAT FOR HUMANITY, (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 29 of Walnut Crossing Townhomes, City of Waukee, Dallas County, Iowa WHEREAS, Broderick Family, L.P., predecessor in title to the Property Owners, granted that certain Sanitary Sewer Easement, dated January 4, 2013, recorded on January 10, 2013, in Book 2013, Page 722 (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 deck and a patio 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 deck and patio 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 DECK. The Easement prohibits Property Owners from locating any deck 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 deck and patio 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 deck and patio 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 sanitary sewer line, 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 deck and patio 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 deck and patio and associated material from the easement area, and restore the easement area to its state prior to the installation of the deck and patio, 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 deck and patio 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 deck 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 ________________________________ LANCE HENNING, AN OFFICER OR REPRESENTATIVE OF GREATER DES MOINES HABITAT FOR HUMANITY 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 LANCE HENNING, AN OFFICER OR REPRESENTATIVE OF GREATER DES MOINES HABITAT FOR HUMANITY, 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 SANITARY SEWER EASMENT LOCATED IN WALNUT CROSSING TOWNHOMES, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT B LOCATION OF DECK & PATIO = Deck & Patio Location WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF DECK [861 NW HOPEWELL COURT] This Agreement of Consent (“Agreement”) is entered into by and between GREATER DES MOINES HABITAT FOR HUMANITY, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter called “City”). WHEREAS, Property Owners own that property legally described as: Lot 28 of Walnut Crossing Townhomes, City of Waukee, Dallas County, Iowa WHEREAS, Broderick Family, L.P., predecessor in title to the Property Owners, granted that certain Sanitary Sewer Easement, dated January 4, 2013, recorded on January 10, 2013, in Book 2013, Page 722 (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 deck and a patio 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 deck and patio 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 DECK. The Easement prohibits Property Owners from locating any deck 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 deck and patio 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 deck and patio 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 sanitary sewer line, 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 deck and patio 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 deck and patio and associated material from the easement area, and restore the easement area to its state prior to the installation of the deck and patio, 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 deck and patio 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 deck 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 ________________________________ LANCE HENNING, AN OFFICER OR REPRESENTATIVE OF GREATER DES MOINES HABITAT FOR HUMANITY 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 LANCE HENNING, AN OFFICER OR REPRESENTATIVE OF GREATER DES MOINES HABITAT FOR HUMANITY, 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 SANITARY SEWER EASMENT LOCATED IN WALNUT CROSSING TOWNHOMES, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT B LOCATION OF DECK & PATIO = Deck & Patio Location WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF DECK & RETAINING WALL [865 NW HOPEWELL COURT] This Agreement of Consent (“Agreement”) is entered into by and between GREATER DES MOINES HABITAT FOR HUMANITY, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter called “City”). WHEREAS, Property Owners own that property legally described as: Lot 27 of Walnut Crossing Townhomes, City of Waukee, Dallas County, Iowa WHEREAS, Broderick Family, L.P., predecessor in title to the Property Owners, granted that certain Sanitary Sewer Easement, dated January 4, 2013, recorded on January 10, 2013, in Book 2013, Page 722 (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 deck, patio, and retaining wall 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 deck, patio, and retaining wall 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 DECK. The Easement prohibits Property Owners from locating any deck 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 deck 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 deck, patio, and retaining wall 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 sanitary sewer line, 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 deck, patio, and retaining wall 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 deck, patio, and retaining wall and associated material from the easement area, and restore the easement area to its state prior to the installation of the deck, patio, and retaining wall, 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 deck, patio, and retaining wall 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 deck 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 ________________________________ LANCE HENNING, AN OFFICER OR REPRESENTATIVE OF GREATER DES MOINES HABITAT FOR HUMANITY 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 LANCE HENNING, AN OFFICER OR REPRESENTATIVE OF GREATER DES MOINES HABITAT FOR HUMANITY, 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 SANITARY SEWER EASMENT LOCATED IN WALNUT CROSSING TOWNHOMES, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT B LOCATION OF DECK, PATIO & RETAINING WALL = Deck, Patio, & Retaining Wall Location