HomeMy WebLinkAbout2019-08-05-J01zDD Fence Agreements_Various AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: August 5, 2019
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. 1965 SE Florence Drive
2. 2000 SE Greentree Drive
3. 620 SE Maxwell Drive
4. 810 NE Addison Drive
5. 2870 SE Belfry Drive
6. 105 Bailey Circle
7. 845 NE Owl Ridge Lane
8. 2435 SE Stone Prairie Drive
9. 545 SE Rosenkranz Drive
10. 770 Gray Avenue
11. 95 NE Gracewood Drive
12. 1010 Cedar Street
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 Fence.
RECOMMENDATION: Approve the Resolution
ATTACHMENTS: I. Proposed Resolution
II. Agreements
PREPARED BY: Melissa DeBoer, Planner II
J1DD
THE CITY OF WAUKEE, IOWA
RESOLUTION 19-
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. 1965 SE Florence Drive;
2. 2000 SE Greentree Drive;
3. 620 SE Maxwell Drive;
4. 810 NE Addison Drive;
5. 2870 SE Belfry Drive;
6. 105 Bailey Circle;
7. 845 NE Owl Ridge Lane;
8. 2435 SE Stone Prairie Drive;
9. 545 SE Rosenkranz Drive;
10. 770 Gray Avenue;
11. 95 NE Gracewood Drive;
12. 1010 Cedar Street; AND,
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 5th day of August, 2019 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.
____________________________
William F. Peard, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Courtney Clarke
Shelly Hughes
Larry R. Lyon
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Melissa R. DeBoer, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1965 SE FLORENCE
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between CASS L. &
JAYLA CUPP, (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 Grant Park, City of Waukee, Dallas County, Iowa
WHEREAS, KE Brewer, L.L.C., an Iowa limited liability company, predecessor in title
to the Property Owner, granted that certain Overland Flowage Easement, dated August 8, 2005,
recorded on August 9, 2005, in Book 2005, Page 12738, ( the “Easement”) to the City, which
prohibited the construction of permanent improvements within the Easement area, as such real
estate is described on Exhibit A, attached hereto and incorporated herein by this reference
(hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owner desires to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owner desires to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owner acknowledges and
agrees that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owner further understands and agrees that upon 30 days
written notice from the City, Property Owner shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner’s responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owner and on the Property Owner’s heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owner holds said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owner has good and lawful authority to convey the same; and (iii) the Property Owner
covenants to WARRANT AND DEFEND the said premises against the claims of all persons
whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2019.
PROPERTY OWNER
________________________________
CASS L. CUPP
________________________________
JAYLA CUPP
CITY OF WAUKEE
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared CASS L. CUPP, 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 __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JAYLA CUPP, 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 _______________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard 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 _______________, 2019, and that William F. Peard and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
AN OVERLAND FLOWAGE EASEMENT IN GRANT PARK, AN OFFICIAL PLAT IN THE
CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE EAST 10.00 FEET OF LOT 18 IN GRANT PARK.
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: Melissa R. DeBoer, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2000 SE GREENTREE
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between KENNETH D.
JENKINS AND SHELBY L. SPECK, (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 4 of Warrior Ridge, City of Waukee, Dallas County, Iowa
WHEREAS, Triple T Development, L.L.C., predecessor in title to the Property Owner,
granted that certain Public Overland Flowage Easement, dated June 25, 2012, recorded on June
27, 2012 in Book 2012, Page 10386, and a Public Utility Easement, dated June 25, 2012,
recorded on June 27, 2012 in Book 2012, Page 10383 (collectively the “Easement”) to the City,
which, among other things, prohibited the construction of permanent improvements within the
easement area, 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
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 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 ______________, 2019.
PROPERTY OWNERS
________________________________
KENNETH D. JENKINS
________________________________
SHELBY L. SPECK
CITY OF WAUKEE
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared KENNETH D. JENKINS, 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 __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared SHELBY L. SPECK, 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 _______________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard 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 _______________, 2019, and that William F. Peard 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 WARRIOR RIDGE, 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 4 IN WARRIOR RIDGE.
A PUBLIC UTILITY EASEMENT LOCATED IN WARRIOR RIDGE, 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 4 IN WARRIOR RIDGE;
AND
THE EAST 5.00 FEET OF THE WEST 10.00 FEET OF LOT 4 IN WARRIOR RIDGE.
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: Melissa R. DeBoer, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [620 SE MAXWELL
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between Cody Stirling
and Alyssa Stirling, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a municipal
corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 9 of Kettlestone Heights Plat 1, City of Waukee, Dallas County, Iowa
WHEREAS, Triple T Development, LLC., predecessors in title to the Property Owners,
granted that certain Overland Flowage Easement, dated November 14, 2017, recorded on
November 30, 2017, in Book 2017, Page 23388, and that certain Public Utility Easement, dated
November 14, 2017, recorded on November 30, 2017, in Book 2017, Page 23387, (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 ______________, 2019.
PROPERTY OWNERS
________________________________
CODY STIRLING
________________________________
ALYSSA STIRLING
CITY OF WAUKEE
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared CODY STIRLING, 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 __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ALYSSA STIRLING, 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 _______________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard 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 _______________, 2019, and that William F. Peard and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
AN OVERLAND FLOWAGE EASEMENT LOCATED IN KETTLESTONE HEIGHTS 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 9 IN KETTLESTONE HEIGHTS PLAT 1
AND
A PUBLIC UTILITY EASEMENT LOCATED IN KETTLESTONE HEIGHTS PLAT 1, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHERLY 10.00 FEET OF THE SOUTHERLY 20.00 FEET OF LOT 9 IN
KETTLESTONE HEIGHTS 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: Melissa R. DeBoer, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [810 NE ADDISON
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between ANTHONY
M. BIONDI AND AMY E. FLAGG, (the “Property Owners”) and the CITY OF WAUKEE,
IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 29 of The Landing at Shadow Creek Plat 4, City of Waukee, Dallas County,
Iowa
WHEREAS, Landing at Shadow Creek, L.L.C., an Iowa limited liability company,
predecessor in title to the Property Owners, granted that certain Public Sanitary Sewer Easement,
dated September 13, 2016, recorded on October 11, 2016, in Book 2016, Page 19686, (the
“Easement”) to the City, which prohibited the construction of permanent improvements within
the Easement area, as such real estate is described on Exhibit A, attached hereto and incorporated
herein by this reference (hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owners are aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2019.
PROPERTY OWNERS
________________________________
ANTHONY M. BIONDI
________________________________
AMY E. FLAGG
CITY OF WAUKEE
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ANTHONY M. BIONDI, 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 __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared AMY E. FLAGG, 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 _______________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard 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 _______________, 2019, and that William F. Peard and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A SANITARY SEWER EASEMENT LOCATED IN THE LANDING AT SHADOW CREEK
PLAT 4, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA,
THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
EXHIBIT B
LOCATION OF FENCE
= Fence Location
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Melissa R. DeBoer, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2870 SE BELFRY
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between NICHOLAS
A. & ANDRIA K. KLINEFELDT, (the “Property Owners”) and the CITY OF WAUKEE,
IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 8 of Belfry Estates, City of Waukee, Dallas County, Iowa
WHEREAS, Mark Anderson Development, LLC, an Iowa limited liability corporation,
predecessor in title to the Property Owners, granted that certain Surface Water Flowage
Easement, dated January 19, 2000, recorded on January 24, 2000 in Book 2000, Page 668, (the
“Easement”) to the City, which prohibited the construction of permanent improvements within
the easement area, as such real estate is described on Exhibit A, attached hereto and incorporated
herein by this reference (hereinafter called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owners are aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owners responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owners and on the Property Owners’ heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owners do HEREBY COVENANT with the City that (i) the Property
Owners hold said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owners have good and lawful authority to convey the same; and (iii) the Property
Owners covenant to WARRANT AND DEFEND the said premises against the claims of all
persons whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2019.
PROPERTY OWNERS
________________________________
NICHOLAS A. KLINEFELDT
________________________________
ANDRIA K. KLINEFELDT
CITY OF WAUKEE
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared NICHOLAS A. KLINEFELDT, 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 __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ANDRIA K. KLINEFELDT, 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 _______________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard 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 _______________, 2019, and that William F. Peard and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A SURFACE WATER FLOWAGE EASEMENT LOCATED IN BELFRY ESTATES, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 10.00 FEET OF LOT 8 IN BELFRY ESTATES.
EXHIBIT B
LOCATION OF FENCE
= Fence Location
10’ Surface Water Flowage Easement
WHEN RECORDED RETURN TO:
Rebecca D. Schuett
Waukee City Clerk
230 W. Hickman Road
Waukee, Iowa 50263
Preparer
Information: Melissa R. DeBoer, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [105 BAILEY CIRCLE]
This Agreement of Consent (“Agreement”) is entered into by and between JOHN C.
VAN GINKEL & KELLY M. SHAW, (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 74 of Glynn Village Plat 10, City of Waukee, Dallas County, Iowa
WHEREAS, Hubbell Metropolitan Development Fund I, LLC (Series E), a series of a
multi-series Iowa limited liability company, and Hubbell Realty Company, an Iowa corporation,
predecessors in title to the Property Owners, granted that certain Storm Sewer & Surface Water
Flowage Easement, dated July 25, 2016, recorded on August 22, 2016, in Book 2016, Page
15244; and certain Public Utility Easement, dated July 25, 2016, recorded on August 22, 2016, in
Book 2016, Page 15243 (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 ______________, 2019.
PROPERTY OWNERS
________________________________
JOHN C. VAN GINKEL
________________________________
KELLY M. SHAW
CITY OF WAUKEE
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JOHN C. VAN GINKEL, 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 __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared KELLY M. SHAW, 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 _______________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard 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 _______________, 2019, and that William F. Peard and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A STORM SEWER & SURFACE WATER FLOWAGE EASEMENT LOCATED IN GLYNN
VILLAGE PLAT 10, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
A PUBLIC UTILITY EASEMENT LOCATED IN GLYNN VILLAGE PLAT 10, 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 74 AS MEASURED ON THE REAR OF THE LOT IN
GLYNN VILLAGE PLAT 10.
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: Melissa R. DeBoer, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [845 NE OWL RIDGE
LANE]
This Agreement of Consent (“Agreement”) is entered into by and between ANGELINE
BERGLUND, (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 52 of Fox Creek Estates Plat 7, City of Waukee, Dallas County, Iowa
WHEREAS, TCB Investments, LLC, an Iowa limited liability company, predecessor in
title to the Property Owners, granted that certain Overland Flowage Easement, dated August 5,
2016, recorded on September 2, 2016, in Book 2016, Page 16365, (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 ______________, 2019.
PROPERTY OWNER
________________________________
ANGELINE BERGLUND
CITY OF WAUKEE
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ANGELINE BERGLUND, 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 _______________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard 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 _______________, 2019, and that William F. Peard 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 FOX CREEK ESTATES PLAT 7,
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 52 IN FOX CREEK ESTATES PLAT 7.
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: Melissa R. DeBoer, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2435 SE STONE
PRAIRIE DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between JEFF &
ABBY LESS, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a municipal
corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 2 of Stone Prairie Plat 1, City of Waukee, Dallas County, Iowa
WHEREAS, Ames Community Bank, an Iowa banking corporation, predecessor in title
to the Property Owners, granted that certain Storm Sewer Easement, dated July 19, 2010,
recorded on August 23, 2010, in Book 2010, Page 10641, and that certain Public Utility
Easement, dated July 19, 2010, recorded on August 23, 2010, in Book 2010, Page 10638
(collectively the “Easement”) to the City, which prohibited the construction of permanent
improvements within the easement area, as such real estate identified on Exhibit A, attached
hereto and incorporated herein by this reference (hereinafter called "Easement Area"), without
the consent of the City.
WHEREAS, the Property Owners desire to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owners from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owners desire to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owners acknowledge and
agree that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owners further understands and agrees that upon 30 days
written notice from the City, Property Owners shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
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 ______________, 2019.
PROPERTY OWNERS
________________________________
JEFF LESS
________________________________
ABBY LESS
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JEFF LESS, 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 __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ABBY LESS, 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 _______________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard 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 _______________, 2019, and that William F. Peard and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A STORM SEWER EASEMENT LOCATED IN STONE PRAIRIE PLAT 1, AN OFFICIAL PLAT IN
THE CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
A PUBLIC UTILITY EASEMENT LOCATED IN STONE PRAIRIE PLAT 1, AN OFFICIAL PLAT IN
THE CITY OF WAUKEE, DALLAS COUNTY, IOWA THAT IS MORE PARTICULARLY
DESCRIBED AS FOLLOWS:
THE EASTERLY 10.00 FEET OF LOT 2 IN STONE PRAIRIE 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: Melissa R. DeBoer, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [545 SE ROSENKRANZ
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between STEVEN C.
& SHARON E. BOTT TRUSTEES OF THE BOTT FAMILY TRUST, (the “Property Owners”)
and the CITY OF WAUKEE, IOWA, a municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 29 of Park View Crossing, City of Waukee, Dallas County, Iowa
WHEREAS, Gerald D. Grubb and Nancy A. Grubb, predecessor in title to the Property
Owners, granted that certain Storm Sewer and Surface Water Flowage Easement, dated June 4,
1999, recorded on June 10, 1999, in Book 1999, Page 006515 (the “Easement”) to the City,
which, among other things, prohibited the construction of permanent improvements within the
easement area, 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 holds 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 ______________, 2019.
PROPERTY OWNERS
________________________________
STEVEN C. BOTT
________________________________
SHARON E. BOTT
CITY OF WAUKEE
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared STEVEN C. BOTT, 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 __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared SHARON E. BOTT, 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 _______________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard 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 _______________, 2019, and that William F. Peard and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A STORM SEWER & SURFACE WATER FLOWAGE EASEMENT LOCATED IN PARK
VIEW CROSSING, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY,
IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE WEST 15.00 FEET OF LOT 29 IN PARK VIEW CROSSING.
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: Melissa R. DeBoer, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [770 GRAY AVENUE]
This Agreement of Consent (“Agreement”) is entered into by and between ASHLEY A.
AND STEPHEN K. KIBURZ (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a
municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners own that property legally described as:
Lot 13 of 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, and that certain Public Utility
Easement, dated August 9, 2018, recorded on August 27, 2018, in Book 2018, Page 16317,
(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 ______________, 2019.
PROPERTY OWNERS
________________________________
ASHLEY A. KIBURZ
________________________________
STEPHEN K. KIBURZ
CITY OF WAUKEE
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared ASHLEY A. KIBURZ, 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 __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared STEPHEN K. KIBURZ, 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 _______________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard 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 _______________, 2019, and that William F. Peard and Rebecca D. Schuett
acknowledged the execution of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily executed.
______________________________
Notary Public in and for the
State of Iowa
My Commission expires ________
EXHIBIT A
EASEMENT AREA
A PUBLIC OVERLAND FLOWAGE EASEMENT LOCATED ON PART OF LOT 13 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 13 IN CLAYTON ESTATES PLAT 2
AND
A PUBLIC UTILITY EASEMENT LOCATED ON LOT 13 IN CLAYTON ESTATES PLAT 2,
AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTHERLY 10.00 FEET OF THE SOUTHERLY 20.00 FEET OF LOT 13 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: Melissa R. DeBoer, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [95 NE GRACEWOOD
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between EBONY
HABBEN, (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 7 of Gracewood, City of Waukee, Dallas County, Iowa
WHEREAS, Grace Wood Joint Venture, predecessor in title to the Property Owners,
granted that certain Surface Water Flowage Easement, dated June 20, 2005, recorded on August
1, 2005, in Book 2005, Page 12023 and certain Public Utility Easement, dated June 20, 2005,
recorded on August 1, 2005, in Book 2005, Page 12023, (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 ______________, 2019.
PROPERTY OWNER
________________________________
EBONY HABBEN
CITY OF WAUKEE
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared EBONY HABBEN, 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 _______________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard 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 _______________, 2019, and that William F. Peard 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 GRACEWOOD, AN
OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 10.00 FEET OF THE NORTH 20.00 FEET OF LOT 7 IN GRACEWOOD.
A PUBLIC UTILITY EASEMENT LOCATED IN GRACEWOOD, 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 7 IN GRACEWOOD.
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: Melissa R. DeBoer, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [1010 CEDAR STREET]
This Agreement of Consent (“Agreement”) is entered into by and between JAMES D. &
JANE L. CRAWFORD, (the “Property Owners”) and the CITY OF WAUKEE, IOWA, a
municipal corporation (hereinafter called “City”).
WHEREAS, Property Owners owns that property legally described as:
Lot 27 of Spring Crest Plat 2, City of Waukee, Dallas County, Iowa
WHEREAS, Spring Crest Partners, LLC, an Iowa limited liability company, predecessor
in title to the Property Owners, granted that certain Public Overland Flowage and Storm Sewer
Easement, dated January 24, 2018, recorded on February 14, 2018, in Book 2018, Page 2443,
(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 ______________, 2019.
PROPERTY OWNER
________________________________
JAMES D. CRAWFORD
________________________________
JANE L. CRAWFORD
CITY OF WAUKEE
By: ___________________________
William F. Peard, Mayor
Attest:
_____________________________
Rebecca D. Schuett
City Clerk
STATE OF IOWA )
) SS
COUNTY OF __________ )
On this _____ day of __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JAMES D. CRAWFORD, 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 __________________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared JANE L. CRAWFORD, 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 _______________, 2019, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared William F. Peard 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 _______________, 2019, and that William F. Peard 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 AND STORM SEWER EASEMENT LOCATED IN
SPRING CREST PLAT 2, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS
COUNTY, IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 20.00 FEET OF LOT 27 IN SPRING CREST PLAT 2.
EXHIBIT B
LOCATION OF FENCE
= Fence Location