HomeMy WebLinkAbout2019-10-07-K01zEE Fence Construction Agr_Various
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: October 7, 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. 880 Bel Aire Court
2. 1975 SE Waddell Way
3. 3815 Westwind Court
4. 2515 SE Kettleridge Lane
5. 2350 SE Maxwell Drive
Staff has reviewed the proposed fence requests and feels comfortable that
the proposed fences will not adversely impact access to the easements.
The attached Fence Agreements specify the property owners’
maintenance responsibilities and requirements for removing the fence in
the future if required by the City. These documents will be recorded with
Dallas County and become a part of the official records for those
properties listed above and will remain fully enforceable should the
properties sell in the future.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff would recommend approval of the Agreements
Concerning Construction of Fence.
RECOMMENDATION: Approve the Resolution
ATTACHMENTS: I. Proposed Resolution
II. Agreements
PREPARED BY: Melissa DeBoer, Planner II
AGENDA ITEM: K1EE
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. 880 Bel Aire Court;
2. 1975 SE Waddell Way;
3. 3815 Westwind Court;
4. 2515 SE Kettleridge Lane;
5. 2350 SE Maxwell Drive; 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 7th day of October, 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 [880 BEL AIRE COURT]
This Agreement of Consent (“Agreement”) is entered into by and between BENNETT
BAY INVESTMENTS, LLC (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 32 of Clayton Estates Plat 1, 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 Sanitary Sewer Easement, dated October 4, 2017,
recorded on October 19, 2017, in Book 2017, Page 20602, and that certain Public Utility
Easement, dated October 4, 2017, recorded on October 19, 2017, in Book 2017, Page 20600,
(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 OWNER
________________________________
BENNETT BAY INVESTMENTS, LLC
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 BENNETT BAY INVESTMENTS,
LLC, 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 ON PART OF LOT 32 IN CLAYTON
ESTATES PLAT 1, AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY,
IOWA, THAT IS MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE NORTH 15.00 FEET AND THE EAST 15.00 FEET OF LOT 32 IN CLAYTON
ESTATES PLAT 1
AND
A PUBLIC UTILITY EASEMENT LOCATED ON LOT 32 IN CLAYTON ESTATES PLAT 1,
AN OFFICIAL PLAT IN THE CITY OF WAUKEE, DALLAS COUNTY, IOWA, THAT IS
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THE SOUTH 10.00 FEET OF LOT 32 IN CLAYTON ESTATES 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 [1975 SE WADDELL
WAY]
This Agreement of Consent (“Agreement”) is entered into by and between JOHN AND
ELLEN L. MATHES, (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 16 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, (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 MATHES
________________________________
ELLEN L. MATHES
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 MATHES, 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 ELLEN L. MATHES, 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:
THE NORTH 10.00 FEET OF LOT 16 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 [3815 WESTWIND
COURT]
This Agreement of Consent (“Agreement”) is entered into by and between KYLE A.
COX AND STEPHANIE STITT, (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 32 of Painted Woods West Plat 1, City of Waukee, Dallas County, Iowa
WHEREAS, Painted Woods Development, L.C., an Iowa limited liability company,
predecessor in title to the Property Owners, granted that certain Public Sanitary Sewer Easement,
dated September 30, 2015, recorded on October 23, 2015, in Book 2015, Page 17338 (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
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
________________________________
KYLE A. COX
PROPERTY OWNER
________________________________
STEPHANIE STITT
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 KYLE A. COX, 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 STEPHANIE STITT, 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 SANITARY SEWER EASEMENT LOCATED IN PAINTED WOODS WEST
PLAT 1, 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 [2515 SE
KETTLERIDGE LANE]
This Agreement of Consent (“Agreement”) is entered into by and between RAHUL AND
SWEETY PATEL, (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 16 of Kettlestone Ridge Plat 1, City of Waukee, Dallas County, Iowa
WHEREAS, Jerry’s Homes, Inc., an Iowa corporation, predecessor in title to the Property
Owner, granted that certain Overland Flowage Easement, dated January 19, 2016, recorded on
May 19, 2016, in Book 2016, Page 7695, (the “Easement”) to the City, which prohibited the
construction of permanent improvements within the Easement area, as such real estate is
described on Exhibit A, attached hereto and incorporated herein by this reference (hereinafter
called "Easement Area"), without the consent of the City.
WHEREAS, the Property Owner desires to construct a fence on a portion of the Property
that is located within the Easement Area, and the City has agreed to consent to the erection of
such fence on a portion of the Property that is located within the Easement Area, subject to the
conditions set forth in Section 2 in this agreement.
NOW, THEREFORE, for and in consideration of the mutual promises and covenants
herein contained, the parties hereto do hereby agree as follows:
1.CITY CONSENT TO ERECTION OF FENCE. The Easement prohibits
Property Owner from locating any fence or other structure under, over, on, through, across or
within the Easement Area without obtaining the prior written consent of the City. Property
Owner desires to construct a fence on a portion of Property that is located within the Easement
Area at the location identified on Exhibit B, attached hereto and incorporated herein by this
reference. The City hereby consents to the construction of the fence at the location identified on
Exhibit B, within the Easement Area subject to, and conditioned upon, the provisions of this
agreement.
2.MAINTENANCE AND LIABILITY. The Property Owner acknowledges and
agrees that in the event that the City exercises its rights under the Easement, including the rights
to construct, reconstruct, repair, replace, enlarge, inspect and maintain the storm sewer line and
or overland flowage, the City's duty of restoration for the portion of the Property located in the
Easement Area shall be limited to grading and replacing grass, sod or any other ground cover
(but not including repair or replacing any paved roadway, driveway, sidewalk, parking, curb,
trees or shrubs). In no event shall the City be responsible for any reconstruction, replacement,
repair or maintenance of the fence or any improvements or structure located on the Property
within the Easement Area. Property Owner further understands and agrees that upon 30 days
written notice from the City, Property Owner shall remove the fence and associated material
from the easement area, and restore the easement area to its state prior to the installation of the
fence, at property owners sole cost and expense.
3.NO CHANGE. This agreement does not alter, modify or otherwise change any
the Easement. The consent afforded hereunder is conditional and subject to revocation by the
City as provided herein. The consent afforded by the City under this agreement is limited to the
specific fence and location provided herein. The Property Owner is aware of the terms of the
Easement and understands that the consent afforded herein does not alter or otherwise change
Property Owner responsibilities as more particularly set forth in the easement in any way.
4.HOLD HARMLESS. The Grantor(s), subsequent property owners, their
successors and assigns agrees to indemnify and hold harmless the City, its elected officials,
employees, officers, agents, representatives, contractors, and attorneys from and against any and
all claims or demands for liability, loss, damage, costs, expenses, or attorney's fees of any kind
for actions or omissions of the Grantor(s) in the easement area, or in any way arising out of or in
connection with any occurrence in any way related to this Easement or the location, placement,
construction and/or erection of the fence within the easement area.
5.RUNS WITH THE LAND. This Agreement shall be deemed to run with the land
and shall be binding on the Property Owner and on the Property Owner’s heirs, successors and
assigns.
6.APPROVAL BY CITY COUNCIL. This Agreement shall not be binding until it
has received the final approval and acceptance by the City Council by Resolution which approval
and acceptance shall be noted on this Agreement by the City Clerk.
The Property Owner does HEREBY COVENANT with the City that (i) the Property
Owner holds said real estate described in this Agreement by title in fee simple; (ii) that the
Property Owner has good and lawful authority to convey the same; and (iii) the Property Owner
covenants to WARRANT AND DEFEND the said premises against the claims of all persons
whomsoever.
Words and phrases herein, including acknowledgment hereof, shall be construed as in the
singular or plural number, and as masculine or feminine gender, according to the context.
Signed this ___ day of ______________, 2019.
PROPERTY OWNER
________________________________
RAHUL PATEL
________________________________
SWEETY PATEL
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 RAHUL PATEL, 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 SWEETY PATEL, 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 RIDGE PLAT 1,
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 16 IN KETTLESTONE RIDGE 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: Andrew A. Kass, City of Waukee, 230 W. Hickman Road, Waukee, Iowa 50263 Phone: (515) 987-4522
_______________________________________________________________________________________________________
AGREEMENT CONCERNING CONSTRUCTION OF FENCE [2350 SE MAXWELL
DRIVE]
This Agreement of Consent (“Agreement”) is entered into by and between CHAD J.
CULLINAN (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 21 of Kettlestone Heights Plat 1, City of Waukee, Dallas County, Iowa
WHEREAS, ARAC L.L.C., predecessor in title to the Property Owners, granted that
certain Overland Flowage Easement, dated December 9, 2013, recorded on December 16, 2013,
in Book 2013, Page 22467 (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 ______________, 2018.
PROPERTY OWNER_________________
________________________________
CHAD J. CULLINAN
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 CHAD J. CULLINAN, 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 WEST 20.00 FEET OF LOT 21 IN KETTLESTONE HEIGHTS PLAT 1.
EXHIBIT B
LOCATION OF FENCE
= Fence Location