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Home My WebLink About2026-06-01 I01D_05 Fence Agreements_06012026 AGENDA ITEM: CITY OF WAUKEE, IOWA CITY COUNCIL MEETING COMMUNICATION MEETING DATE: June 1, 2026 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. 960 Daybreak Drive 2. 455 NW Gracewood Drive 3. 610 Gray Avenue 4. 1150 Locust Street 5. 1330 Locust Street 6. 1425 Locust Street 7. 1445 Locust Street 8. 540 Lookout Court 9. 940 Melody Circle 10. 655 SE Melrose Drive 11. 310 NW Newhaven Drive 12. 525 NW Rosemont Drive 13. 405 NW Ryder Drive 14. 430 NW Ryder Drive Staff has reviewed the proposed fence requests and feels comfortable that the proposed fences will not adversely impact access to the easements. The attached Fence Agreements specify the property owners’ maintenance responsibilities and requirements for removing the fence in the future if required by the City. These documents will be recorded with Dallas County and become a part of the official records for those properties listed above and will remain fully enforceable should the properties sell in the future. FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: COMMISSION/BOARD/COMMITTEE COMMENT: STAFF REVIEW AND COMMENT: Staff would recommend approval of the Agreements Concerning Construction of Fences. RECOMMENDATION: Approve the Resolution ATTACHMENTS: I. Proposed Resolution I1D5 II. Agreements PREPARED BY: Melissa DeBoer, Planning Coordinator THE CITY OF WAUKEE, IOWA RESOLUTION 2026- 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. 960 Daybreak Drive 2. 455 NW Gracewood Drive 3. 610 Gray Avenue 4. 1150 Locust Street 5. 1330 Locust Street 6. 1425 Locust Street 7. 1445 Locust Street 8. 540 Lookout Court 9. 940 Melody Circle 10. 655 SE Melrose Drive 11. 310 NW Newhaven Drive 12. 525 NW Rosemont Drive 13. 405 NW Ryder Drive 14. 430 NW Ryder Drive WHEREAS, the City of Waukee is agreeable to the construction of a fence within a portion of the various easements related to the properties specified above pursuant to the terms of the Agreement Concerning Construction of Fence for each individual property. NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee, Iowa on this 1st day of June, 2026, 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 Kala Anderson Chris Crone Rob Grove Lori Lyon Anna Bergman Pierce WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Carla Hasstedt, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-9533 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [960 DAYBREAK DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between NAKIB AND ASHNA KHAN (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 40 of Ashworth Acres Plat 1, City of Waukee, Dallas County, Iowa WHEREAS, ASHWORTH LAND, L.L.C., an Iowa limited liability company, predecessor in title to the Property Owner, granted that certain Overland Flowage Easement, dated October 25, 2019, recorded on February 18, 2020, in Book 2020, Page 2819; and that certain Storm Sewer Easement, dated October 25, 2019, recorded on February 18, 2020, in Book 2020, Page 2818, and that certain Public Utility Easement, dated October 25, 2019, recorded on February 18, 2020, in Book 2020, Page 2814 (collectively the “Easement”) to the City, which prohibited the construction of permanent improvements within the Easement area, as such real estate is described on Exhibit A, attached hereto and incorporated herein by this reference (hereinafter called "Easement Area"), without the consent of the City. WHEREAS, the Property Owner desires to construct a fence on a portion of the Property that is located within the Easement Area, and the City has agreed to consent to the erection of such fence on a portion of the Property that is located within the Easement Area, subject to the conditions set forth in Section 2 in this agreement. NOW, THEREFORE, for and in consideration of the mutual promises and covenants herein contained, the parties hereto do hereby agree as follows: 1. CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits Property Owner from locating any fence or other structure under, over, on, through, across or within the Easement Area without obtaining the prior written consent of the City. Property 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 ______________, 2026. PROPERTY OWNER ________________________________ NAKIB KHAN ________________________________ ASHNA KHAN CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared NAKIB AND ASHNA KHAN, 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 _______________, 2026, 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 _______________, 2026, 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 ON PART OF LOT 40 IN ASHWORTH ACRES PLAT 1, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 10.00 FEET OF LOT 40 IN ASHWORTH ACRES PLAT 1 AND A STORM SEWER EASEMENT LOCATED ON PART OF LOT 40 IN ASHWORTH ACRES PLAT 1, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 10.00 FEET OF LOT 40 IN ASHWORTH ACRES PLAT 1 A PUBLIC UTILITY EASEMENT LOCATED ON PART OF LOT 40 IN ASHWORTH ACRES 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 LOT 40 IN ASHWORTH ACRES PLAT 1 EXHIBIT B LOCATION OF FENCE = Fence Location WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [455 NW GRACEWOOD DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between SENAD ALIBASIC AND IZETA ALIBASIC (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 37 of Indi Run Plat 2, City of Waukee, Dallas County, Iowa WHEREAS, INDI RUN, L.L.C., an Iowa limited liability company, predecessor in title to the Property Owners, granted that certain Storm Sewer Easement, dated December 19, 2018, recorded on December 28, 2018, in Book 2018, Page 24085; certain Overland Flowage Easement, dated December 19, 2018, recorded on December 28, 2018, in Book 2018, Page 24086, and that certain Public Utility Easement, dated December 19, 2018, recorded on December 28, 2018, in Book 2018, Page 24087, (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 ______________, 2026. PROPERTY OWNERS ________________________________ SENAD ALIBASIC ________________________________ IZETA ALIBASIC CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared SENAD ALIBASIC, 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 __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared IZETA ALIBASIC, 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 _______________, 2026, 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 _______________, 2026, 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 INDI RUN PLAT 2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: AND A PUBLIC UTILITY EASEMENT LOCATED IN INDI RUN PLAT 2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EAST 10.00 FEET OF LOT 37 IN INDI RUN PLAT 2 AND A STORM SEWER EASEMENT LOCATED IN INDI RUN PLAT 2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT B LOCATION OF FENCE = Fence Location WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [610 GRAY AVENUE] This Agreement of Consent (“Agreement”) is entered into by and between JOEL LARSON (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 1 of Clayton Estates Plat 2, City of Waukee, Dallas County, Iowa WHEREAS, RMCA, L.L.C., an Iowa limited liability company, predecessor in title to the Property Owners, granted that certain Overland Flowage Easement, dated August 9, 2018, recorded on August 27, 2018, in Book 2018, Page 16315; that certain Public Utility Easement, dated August 9, 2018, recorded on August 27, 2018, in Book 2018, Page 16317; and that certain Sanitary Sewer Easement, dated August 9, 2018, recorded on August 27, 2018, in Book 2018, Page 16316 (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 ______________, 2026. PROPERTY OWNER ________________________________ JOEL LARSON CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared JOEL LARSON, 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 _______________, 2026, 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 _______________, 2026, 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 CLAYTON ESTATES PLAT 2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 10.00 FEET OF LOT 1 IN CLAYTON ESTATES PLAT 2 AND A PUBLIC UTILITY EASEMENT LOCATED IN CLAYTON ESTATES PLAT 2, 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 20.00 FEET OF LOT 1 IN CLAYTON ESTATES PLAT 2 AND A SANITARY SEWER EASEMENT LOCATED IN CLAYTON ESTATES PLAT 2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE EASTERLY 30.00 FEET OF LOT 1 IN CLAYTON ESTATES PLAT 2 EXHIBIT B LOCATION OF FENCE = Fence Location WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1150 LOCUST STREET] This Agreement of Consent (“Agreement”) is entered into by and between LOGAN AND KATHRYN MURRAY, (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 4 of Spring Crest Plat 6, City of Waukee, Dallas County, Iowa WHEREAS, Spring Crest Partners, LLC, an Iowa limited liability company, predecessor in title to the Property Owners, granted that certain Overland Flowage Easement, dated July 8, 2020, recorded on July 20, 2020, in Book 2020, Page 17698; and that certain Public Utility Easement, dated July 8, 2020, recorded on July 20, 2020, in Book 2020, Page 17700 (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 ______________, 2026. PROPERTY OWNERS ________________________________ LOGAN MURRAY ________________________________ KATHRYN MURRAY CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared LOGAN MURRAY, 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 __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared KATHRYN MURRAY, 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 _______________, 2026, 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 _______________, 2026, and that Courtney Clarke and Rebecca D. Schuett acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ______________________________ Notary Public in and for the State of Iowa My Commission expires ________ EXHIBIT A EASEMENT AREA AN OVERLAND FLOWAGE EASMENT LOCATED IN SPRING CREST PLAT 6, 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 4 IN SPRING CREST PLAT 6. AND A PUBLIC UTILITY EASMENT LOCATED IN SPRING CREST PLAT 6, 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 4 IN SPRING CREST 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: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1330 LOCUST STREET] This Agreement of Consent (“Agreement”) is entered into by and between ISAAC AND KYLIE TAYLOR, (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 13 of Spring Meadows Plat 1, City of Waukee, Dallas County, Iowa WHEREAS, Waukee Partnership, LLC, an Iowa limited liability company, predecessor in title to the Property Owner, granted that certain Public Overland Flowage Easement, dated December 21, 2023, recorded on January 11, 2024, in Book 2024, Page 416; and that certain Public Utility Easement, dated December 12, 2023, recorded on January 11, 2024, in Book 2024, Page 417; and that certain Public Storm Sewer Easement, dated December 12, 2023, recorded on January 11, 2024, in Book 2024, Page 419; (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 ______________, 2026. PROPERTY OWNERS ________________________________ ISAAC TAYLOR ________________________________ KYLIE TAYLOR CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ISAAC TAYLOR, 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 __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared KYLIE TAYLOR, 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 _______________, 2026, 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 _______________, 2026, 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 SPRING MEADOWS PLAT 1, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 20.00 FEET OF LOT 13 IN SPRING MEADOWS PLAT 1 AND A PUBLIC STORM SEWER EASMENT LOCATED IN SPRING MEADOWS PLAT 1, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 20.00 FEET OF LOT 13 IN SPRING MEADOWS PLAT 1 AND A PUBLIC UTILITY EASMENT LOCATED IN SPRING MEADOWS 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 LOT 13 IN SPRING MEADOWS PLAT 1 EXHIBIT B LOCATION OF FENCE = Fence Location WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1425 LOCUST STREET] This Agreement of Consent (“Agreement”) is entered into by and between TRISTAN AND MADISON MICHAUD, (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 2 of Spring Meadows Plat 1, City of Waukee, Dallas County, Iowa WHEREAS, Waukee Partnership, LLC, an Iowa limited liability company, predecessor in title to the Property Owner, granted that certain Public Overland Flowage Easement, dated December 21, 2023, recorded on January 11, 2024, in Book 2024, Page 416; and that certain Public Utility Easement, dated December 12, 2023, recorded on January 11, 2024, in Book 2024, Page 417; and that certain Public Storm Sewer Easement, dated December 12, 2023, recorded on January 11, 2024, in Book 2024, Page 419; (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 ______________, 2026. PROPERTY OWNERS ________________________________ TRISTAN MICHAUD ________________________________ MADISON MICHAUD CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared TRISTAN MICHAUD, 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 __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared MADISON MICHAUD, 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 _______________, 2026, 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 _______________, 2026, 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 SPRING MEADOWS PLAT 1, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 20.00 FEET OF THE NORTH 30.00 FEET OF LOT 2 IN SPRING MEADOWS PLAT 1 AND A PUBLIC STORM SEWER EASMENT LOCATED IN SPRING MEADOWS PLAT 1, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 20.00 FEET OF THE NORTH 30.00 FEET OF LOT 2 IN SPRING MEADOWS PLAT 1 AND A PUBLIC UTILITY EASMENT LOCATED IN SPRING MEADOWS PLAT 1, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 10.00 FEET OF LOT 2 IN SPRING MEADOWS PLAT 1 EXHIBIT B LOCATION OF FENCE = Fence Location WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1445 LOCUST STREET] This Agreement of Consent (“Agreement”) is entered into by and between LAUREN RINDERKNECHT AND JEREMY CARTER, (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 10 of Spring Meadows Plat 2, City of Waukee, Dallas County, Iowa WHEREAS, Waukee Partnership, LLC, an Iowa limited liability company, predecessor in title to the Property Owner, granted that certain Public Storm Sewer Easement, dated October 16, 2024, recorded on November 8, 2024, in Book 2024, Page 17668; and that certain Public Utility Easement, dated October 16, 2024, recorded on November 8, 2024, in Book 2024, Page 17666; (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 ______________, 2026. PROPERTY OWNERS ________________________________ LAUREN RINDERKNECHT ________________________________ JEREMY CARTER CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared LAUREN RINDERKNECHT, 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 __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared JEREMY CARTER, 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 _______________, 2026, 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 _______________, 2026, 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 MEADOWS PLAT 2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 20.00 FEET OF THE NORTH 30.00 FEET OF LOT 10 IN SPRING MEADOWS PLAT 2 AND A PUBLIC UTILITY EASMENT LOCATED IN SPRING MEADOWS PLAT 2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 10.00 FEET OF LOT 10 IN SPRING MEADOWS PLAT 2 EXHIBIT B LOCATION OF FENCE = Fence Location WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [540 LOOKOUT COURT] This Agreement of Consent (“Agreement”) is entered into by and between LANCE PHILLIPS, (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 18 of Spyglass, City of Waukee, Dallas County, Iowa WHEREAS, Spyglass Development Co., L.C., predecessor in title to the Property Owners, granted that certain Surface Water Flowage Easement, dated December 16, 2004, recorded on December 16, 2004, in Book 2004, Page 19950, and a Sanitary Sewer Easement, dated December 16, 2004 in Book 2004, Page 19950, and a Public Utility Easement, dated December 16, 2004 in Book 2004, Page 19950, in the real property records of Dallas County, Iowa (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 Owner does 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 ______________, 2026. PROPERTY OWNERS ________________________________ LANCE PHILLIPS CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared LANCE PHILLIPS, 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 _______________, 2026, 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 _______________, 2026, 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 SPYGLASS, 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 18 IN SPYGLASS. AND A SANITARY SEWER EASEMENT LOCATED IN SPYGLASS, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: AND A PUBLIC UTILITY EASEMENT LOCATED IN SPYGLASS, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 10.00 FEET OF THE SOUTH 20.00 FEET OF LOT 18 IN SPYGLASS. 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: Carla Hasstedt, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7938 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [940 MELODY CIRCLE] This Agreement of Consent (“Agreement”) is entered into by and between DOUGLAS AND JULIE PALS, (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 14 of Hamilton Ridge Plat 7, City of Waukee, Dallas County, Iowa WHEREAS, HAMILTON RIDGE, LLC, an Iowa limited liability company, predecessor in title to the Property Owner, granted that certain Overland Flowage Easement, dated December 1, 2021, recorded on January 5, 2022, in Book 2022, Page 309; (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 ______________, 2026. PROPERTY OWNER ________________________________ DOUGLAS PALS ________________________________ JULIE PALS By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared DOUGLAS AND JULIE PALS, 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 _______________, 2026, 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 _______________, 2026, 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 HAMILTON RIDGE PLAT 7, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 10.00 FEET OF LOT 14, HAMILTON RIDGE PLAT 7, AN OFFICIAL PLAT IN THE CITY OF WAUKEE DALLAS COUNTY, IOWA. EXHIBIT B LOCATION OF FENCE = Fence Location WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [655 SE MELROSE DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between MAXWELL HYTONE AND ALLI DINGEMAN, (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 33 of Westgate Plat 4, City of Waukee, Dallas County, Iowa WHEREAS, Westgate Partnership, an Iowa general partnership, predecessor in title to the Property Owners, granted that certain Overland Flowage and Storm Sewer Easement, dated July 24, 2001, recorded on April 5, 2002, in Book 2002, Page 4588, and that certain Public Utility Easement, dated July 24, 2001, recorded on April 5, 2002, in Book 2002, Page 4587, (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 ______________, 2026. PROPERTY OWNER ________________________________ MAXWELL HYTONE ________________________________ ALLI DINGEMAN CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared MAXWELL HYTONE, 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 __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ALLI DINGEMAN, 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 _______________, 2026, 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 _______________, 2026, and that Courtney Clarke and Rebecca D. Schuett acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ______________________________ Notary Public in and for the State of Iowa My Commission expires ________ EXHIBIT A EASEMENT AREA AN OVERLAND FLOWAGE AND STORM SEWER EASEMENT LOCATED IN WESTGATE PLAT 4, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTH 20.00 FEET OF LOT 33 IN WESTGATE PLAT 4. AND A PUBLIC UTILITY EASEMENT LOCATED IN WESTGATE PLAT 4, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WEST 5.00 FEET OF LOT 33 IN WESTGATE PLAT 4. EXHIBIT B LOCATION OF FENCE = Fence Location WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Carla Hasstedt, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-9533 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [310 NW NEWHAVEN DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between NICHOLAS CHASE AND LAUREN PERRY (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 30 of Prairie Rose Plat 4, City of Waukee, Dallas County, Iowa WHEREAS, Prairie Rose Waukee, LLC, predecessors in title to the Property Owners, granted that certain Public Storm Sewer Easement, dated August 18, 2022, recorded on September 27, 2022, in Book 2022, Page 20787 and that certain Overland Flowage Easement, dated August 18, 2022, recorded on September 27, 2022, in Book 2022, Page 20781 ; (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 ______________, 2026. PROPERTY OWNER ________________________________ NICHOLAS CHASE ________________________________ LAUREN PERRY CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared NICHOLAS CHASE, 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 __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared LAUREN PERRY, 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 _______________, 2026, 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 _______________, 2026, and that Courtney Clarke and Rebecca D. Schuett acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ______________________________ Notary Public in and for the State of Iowa My Commission expires ________ EXHIBIT A EASEMENT AREA A PUBLIC STORM SEWER EASEMENT LOCATED IN PRAIRIE ROSE PLAT 4, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 16.00 FEET OF LOT 30, PRAIRIE ROSE PLAT 4 AND AN OVERLAND FLOWAGE EASEMENT LOCATED IN PRAIRIE ROSE PLAT 4, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTHERLY 10.00 FEET OF LOT 30, PRAIRIE ROSE PLAT 4 EXHIBIT B LOCATION OF FENCE = Fence Location = Existing Fence 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 FENCE [525 NW ROSEMONT DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between ROBBY AND HOLLY PEARSON (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 39 of Prairie Rose Plat 5, City of Waukee, Dallas County, Iowa WHEREAS, Prairie Rose Waukee, LLC, predecessors in title to the Property Owners, granted that certain Storm Water Management Facility Maintenance Covenant and Permanent Easement Agreement, dated November 9, 2022, recorded on December 9, 2022, in Book 2022, Page 24926; (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 ______________, 2026. PROPERTY OWNER ________________________________ ROBBY PEARSON ________________________________ HOLLY PEARSON CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ROBBY PEARSON, 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 __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared HOLLY PEARSON, 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 _______________, 2026, 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 _______________, 2026, and that Courtney Clarke and Rebecca D. Schuett acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. ______________________________ Notary Public in and for the State of Iowa My Commission expires ________ EXHIBIT A EASEMENT AREA A STORM WATER MANAGEMENT FACILITY MAINTENANCE COVENANT AND PERMANENT EASEMENT AGREEMENT LOCATED IN PRAIRIE ROSE PLAT 5, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT B LOCATION OF FENCE = Fence Location WHEN RECORDED RETURN TO: Rebecca D. Schuett Waukee City Clerk 230 W. Hickman Road Waukee, Iowa 50263 Preparer Information: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [405 NW RYDER DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between BRADLEY PAGE AND AYSSA PEERS (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 23 of Indi Run Plat 6, City of Waukee, Dallas County, Iowa WHEREAS, INDI RUN WEST, L.L.C., an Iowa limited liability company, predecessor in title to the Property Owners, granted that certain Storm Sewer Easement, dated October 13, 2023, recorded on November 16, 2023, in Document Number 2023-17209; and that certain Overland Flowage Easement, dated October 13, 2023, recorded on November 16, 2023, in Document Number 2023-17205 (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 ______________, 2026. PROPERTY OWNERS ________________________________ BRADLEY PAGE ________________________________ ALYSSA PEERS CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared BRADLEY PAGE, 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 __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared ALYSSA PEERS, 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 _______________, 2026, 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 _______________, 2026, 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 INDI RUN PLAT 6, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHWESTERLY 15.00 FEET OF LOT 23 IN INDI RUN PLAT 6 AND A PUBLIC STORM SEWER EASEMENT LOCATED IN INDI RUN PLAT 6, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE NORTHWESTERLY 15.00 FEET OF LOT 23 IN INDI RUN 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: Andy Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 978-7897 _______________________________________________________________________________________________________ AGREEMENT CONCERNING CONSTRUCTION OF FENCE [430 NW RYDER DRIVE] This Agreement of Consent (“Agreement”) is entered into by and between DONALD PRUITT AND CORA PRUITT (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter called “City”). WHEREAS, Property Owners own that property legally described as: Lot 8 of Indi Run Plat 6, City of Waukee, Dallas County, Iowa WHEREAS, INDI RUN WEST, L.L.C., an Iowa limited liability company, predecessor in title to the Property Owners, granted that certain Public Utility Easement, dated October 13, 2023, recorded on November 16, 2023, in Document Number 2023-17204; and that certain Overland Flowage Easement, dated October 13, 2023, recorded on November 16, 2023, in Document Number 2023-17205 (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 ______________, 2026. PROPERTY OWNERS ________________________________ DONALD PRUITT ________________________________ CORA PRUITT CITY OF WAUKEE By: ___________________________ Courtney Clarke, Mayor Attest: _____________________________ Rebecca D. Schuett City Clerk STATE OF IOWA ) ) SS COUNTY OF __________ ) On this _____ day of __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared DONALD PRUITT 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 __________________, 2026, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared CORA PRUITT, 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 _______________, 2026, 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 _______________, 2026, 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 INDI RUN PLAT 6, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: AND A PUBLIC UTILITY EASEMENT LOCATED IN INDI RUN PLAT 6, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS: EXHIBIT B LOCATION OF FENCE = Fence Location