HomeMy WebLinkAboutA003 - Covenant and Agreement for Annexation dated November 27, 2017 I
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rrn I sn trument N: 2017-12284
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COV COVENANTS
Recording Fee: 22.00 Story County Iowa
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER
Prepared By: Victoria A.Feilmeyer,City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010;515-239-5146
Return Recorded Document To: Ames City Clerk,Ames City Hall,515 Clark Ave.,P.O.Box 811,Ames,IA 50010
COVENANT AND AGREEMENT FOR ANNEXATION
THIS COVENANT AND AGREEMENT is made and entered into effective the
C,?;day of A/leb-i 20 by and between the City of Ames, Iowa,
(hereinafter called"City") and LDY, LLC, an Iowa limited liability company, (hereinafter called
"Owner"their heirs, successors and assigns.
WITNESSETH THAT:
The parties hereto have agreed and do agree as follows:
1. Owner is the legal Owner of record of real property (hereinafter referred to as the
"Real Property") legally described as follows:
Parcels A, B, and C in the North One-half of the Southeast One-
quarter (N1/2-SE1/4) of Section 8, Township 83 North, Range 23
West of the 5t' P.M., Story County, Iowa, as shown on the "Plat of
Survey" filed in the office of the Story County Recorder on July
28, 2017, as Instrument Number 2017-07631, and recorded in
Book 578, at Page 6.
As of the date of this Agreement, said Real Property is contiguous to the corporate city limits of
the City of Ames.' This Agreement is made to place of record the City's review and approval of
the Plat of Survey indicated above_which is subject to the City's review authority under Iowa
Code section 354.9.
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2. The Real Property constitutes territory which may be annexed to the City of Ames
as provided in Iowa Code chapter 368.
3. Owner agrees to have the Real Property annexed to the City of Ames, Iowa, upon
certain terms and conditions as hereinafter set forth.
4. At some future time, the City Council may, after due and careful consideration,
conclude that the annexation of said Real Property to the City on the terms and conditions
hereinafter set forth would further the growth of the City, would provide the harmonious
development of the City, would enable the City to control the development of the area, and
would serve the best interests of the City.
5. At some future time, the City Council may notify Owner of the City's desire to
annex the Real Property. Upon such notification, Owner shall apply in writing to the City
Council requesting annexation. Owner shall make said application on forms prescribed by the
City and shall be responsible for application fees prescribed by the City's Planning and Housing
Division, if any. Said application shall be made in a timely matter no later than 30 days after
receiving notice from the City Council.
6. Pursuant to the provisions of Iowa Code section 368.7(1)(e), Owner
unconditionally and irrevocably waives the right to withdraw their application for annexation or
their consent to annexation.
7. Notice of the proposed annexation shall be given to the parties legally required to
be notified pursuant to Iowa Code chapter 368.
8. Owner agrees that upon annexation all municipal regulations and requirements,
including but not limited to zoning, subdivision and other ordinances, shall apply to the Real
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Property, and the City shall have full jurisdiction over the Real Property for purpose of enforcing
its codes presently in existence and as may be amended in the future.
9. This Covenant and Agreement shall be filed for record in the office of the Story
County Recorder and all covenants, agreements, promises and representations herein stated shall
be deemed to be covenants running with the Real Property and shall endure and be binding on
the parties hereto, their mortgagees, lienholders, successors and assigns, for a period of 21 years
from the date of the recording of these covenants, unless claims to continue any interest in the
covenants are filed as provided by law. The City shall have the right to file a claim to continue
its interest in these covenants.
10. This Agreement shall be enforceable in any court of competent jurisdiction by any
of the parties hereto by any appropriate action at law or in equity to secure the performance of
the covenants herein contained. Waiver of any provision of this Agreement shall not be deemed
a waiver of future compliance therewith and such provision shall remain in full force and effect.
Invalidation of any of these covenants by judgment or court order shall in no way affect any of
the other provisions,which shall remain in full force and effect.
Executed by the representative signatories effective the date first written above.
[S P A C E B E L O W R E S E R V E D ]
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CITY OF AMES,IOWA LDY, C, OWCNER
By �aiu� By C
°Ann; T Campbell;'Mayor Charles E. Winkleblack,Manager
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nbai�e R�'Voss,.6ity Clerk Mar Hanso , a ager
ESTATE OF I,O%k COUNTY OF STORY,ss: STATE OF IOWA,COUNTY OF STORY,ss:
On°this zA"1`.day of'/VI 2017,before me,a This instrument was acknowledged before me on
NofaryTTA blic�in and-for the State of Iowa,personally appeared �odGfr�b�/o2;? 2017 by Charles E. Winkleblack and Mark
Anii•H:Catnpbell`and'Diane R.Voss,to me personally known and Hanson,as Managers,respe ively,of LDY,LLC.
wfio,being,by me duly sworn,did say that they are the Mayor and
City Clerk,respectively,of the City of Ames,Iowa;that the seal
affixed to the foregoing instrument is the corporate seal of the Not is' an fort State of Iowa
corporation, and that the instrument was signed and sealed on
behalf of the corporation, by authority of its City Council, as
contained in Res u'on No./7- adopted by the City R�AUR
Council on the dayof 2017, and that JEPf�1�FE
Ann H.Campbell and Diane R.Voss acknowledged the execution o s Commf�ston NUmb�EA"
of the instrument to be their voluntary act and deed and the
voluntary act and deed of the corporation, by it voluntarily
executed.
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Notary Public in ana for the Crate of Iowa
o��nvu Jill L. Ripperger j
a Commission Number 146549
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