HomeMy WebLinkAboutA024 - Eastgate Subdivision Covenant for Assessment of Costs of Improvements Dayton Avenue - Recorded March 13, 2001 , Instrument No. 01-02822 a
INST.NO.
STORY COUNTY,IOW ►
RE , RECORD FILED FOR RECORD
� MAR 13 2001 rM
SUSAN L/V�AN�DE KA
MP Record®r RE e RECORDED
REC.FEE$1 -AUD.FEE$
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prena John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515=239-5146)
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RETURN TO• Address Tax Statement To:City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010
CITY OF AMES
BOX 811 V
AMES IA 50010-0811
100 ®.1744
® DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepa10
red by: John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146)
INST.NO. CORRECTED
STORY
FOU RECTOR IOW�
EASTGATE SUBDIVISION o
FEB 16 P COVENANT FOR ASSESSMENT OF
COSTS OF IMPROVEMENTS
SUSA ANDS KAMP,Rec e� DAYTON AVENUE
E$, UD.FEE
THIS COVENANT AND AGREEMENT is made effective the 'J.� day of February, 2001, by and
between EASTGATE DEVELOPMENT, INC., its successors and assigns (hereinafter called
"Developer"), the mortgagees and lienholders whose names appear at the end of this Agreement, and d
THE CITY OF AMES,IOWA, (hereinafter called"City"),
WITNESSETH THAT:
The parties hereto have agreed and do agree as follows:
1. This agreement is made for the purpose of meeting the subdivision regulations and plat
approval requirements of the City c
r
I
2. In anticipation of the possibility that the City may at some time deem it to be in the public w
interest to cause construction of a northbound left turn lane on Dayton Avenue to facilitate use of J
Plymouth Drive in the Eastgate Subdivision, Ames, Iowa, and to cause construction of an additional lane
of travel on Dayton Avenue between the north boundary of said Eastgate Subdivision and the intersection w
of Dayton Avenue and East 13`h Street, by means of city-awarded contracts to be paid by special
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assessments to be levied against the lots in Eastgate Subdivision as shown on the attached Exhibit A,
Developer does hereby covenant and agree that by execution of this instrument Developer, its successors
and assigns, including purchasers of lots, and each of them, shall pay and are bound to pay to the City that
percentage of the costs of the aforesaid improvements to Dayton Avenue as stated on Exhibit A and
assessed to the lots in Eastgate Subdivision, Ames, Iowa, by action of the governing body of the City.
Additionally, Developer, its successors and assigns, including purchasers of lots, and each of them with
respect to the said assessment:
A. Waive notice to property owners by publication and mailing as provided by Section
384.50, Code of Iowa. C
B. Waive the right to a hearing on the making of the improvement,the boundaries of the
special assessment-district,the costs of the project,the assessments against any lot or the final adoption of
the resolution of necessity as provided for in Section 384.51, Code of Iowa.
C. Consent to the adoption of a preliminary resolution, a plat, schedule of assessments,
and costs estimate, and resolution of necessity by the City for the project.
D. Waive any objections to the project, the boundaries of the district, the costs of the
project, the valuation of any lot, the assessment against any lot, or the final adoption of the resolution of
necessity.
1
E. Agree that the amount and proportion of the costs of the construction or repair of the
above-described improvement, including engineering, inspection, and financing costs, to be paid by the
property owners, as ascertained and determined by the Council of the City, upon the completion and
acceptance of the work, spread over a period of not less than twelve (12) years then determined by the
said City Council, at lawful and usual interest, shall constitute assessments against the aforesaid
properties and that said assessments shall be paid by the undersigned Developer, its successors and
assigns, including purchasers of lots, within the time provided by law for the payment of special
assessments for such improvement.
F. Waive the limitation provided in Section 384.62, Code of Iowa, that an assessment
may not exceed twenty-five (25) percent of the value of his/her lot as defined in Section 384.37(5), Code
of Iowa.
G. Waive notice to property owners by publication and mailing as provided by Section
384.60, Code of Iowa (relating to notice of certification of County Auditor of final schedule of
assessments).
H. The Developer warrants that the aforesaid real estate is free and clear of all liens and
encumbrances, except for such liens as are held by the mortgagees and lienholders hereinafter listed and
designated as signatories of this Agreement.
I. The Developer agrees to subordinate any sale or mortgaging subsequent to the date
hereof of any part of the property listed below to the terms of this Agreement.
J. Agree that if the project of this Agreement, or the assessment, is declared in whole or
in part invalid or beyond the City's authority, that Developer, its successors and assigns, including
purchasers of lots, shall nevertheless pay the assessed amounts.
K. Lienholders and mortgagees who become such subsequent to the date hereof, shall be
junior and inferior to the lien of any assessments levied pursuant to this covenant and agreement, but
current lienholders and mortgagees, agree that if by foreclosure of their lien or mortgage they acquire title
to any lot assessed as aforesaid,they shall be bound to pay said assessment; and, that this agreement shall
remain in full force and effect after such foreclosure of lien or mortgage.
L. Waive the right to request deferment for agricultural land.
The foregoing provisions encumber the land that is platted as Eastgate Subdivision,Ames, Iowa.
3. The Developer, its successors, and assigns, including purchasers of lots, may at any time
procure a release from the street assessment obligations of this covenant and agreement with respect to
any lot or lots in the said Eastgate Subdivision by paying to the City that amount that is the percentage
shown on Exhibit A with respect to said lot or lots to be released, of the cost then estimated by the City
for the said improvements to the said Dayton Avenue. The City agrees that for a period beginning with
the effective date of this Agreement and ending on May 1, 2001, the amount of such cost shall be
$141,000.00.
4. 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 land and shall endure and be binding on the parties hereto, their mortgagees,
lienholders, successors and assigns, for a period of twenty-one (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.
RE RECORDED
2 01 - 02 822 ���
5. 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 respective signatories effective the date first above written. .;
EASTGATE t VEL NT CITY OF AMES,IOWA
By: By:
Thomas L. Fl nn rustee in tc T d Tedesco,Mayor
Y � P Y � Y
r
Diane R.Voss, City Clerk-
STATE OF IOWA,POLK COUNTY ss: STATE OF IOWA,STORY COUNTY ssf "
On this 6*n day of P 2001,before f.
me, a Notary Public in and for the State of personally On this�day of Il 2001,before me,a
appeared Thomas L.Flynn to me personally known,who being by Notary Public in and for the State o�personally appeared
me duly sworn, did say that that person is Trustee of said Ted Tedesco and Diane R. Voss, to me personally known, and,
corporation,that the seal affixed to said instrument is the seal of who,being by me duly sworn,did say that they are the Mayor and
said corporation, or no seal has been procured by the said
corporation, and that said instrument was signed and sealed on City Clerk,respectively, of the City of Ames, Iowa; that the seal
behalf of said corporation by authority of the United States affixed to the foregoing instrument is the corporate seal of the
Bankruptcy Court for the Southern District of Iowa and pursuant to corporation, and that the instrument was signed and sealed on
provisions of Title 11 of the United States Code and the said
Thomas L. Flynn acknowledged the execution of said instrument behalf of the corporation, by authority of its City Council, as
to be the voluntary act and deed of said corporation by it contained in Resolution No. 0/—451 adopted by the City
voluntarily executed. Council on the t3day of� �/and that Ted
Tedesco and Diane R. Voss acknowled d the execution of the
Notary Public State of Iowa instrument to be their voluntary act and deed and the voluntary act
and deed of the corporation,by it voluntarily executed.
LISA SHORT �•
EFA
MY COMMISSION EXPIRES tfi. J_—
September 17,2002 Notary PubliP State of Iowa
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R9j,:AC08DED
01 02 8 2 2.
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EXISTING PARTIES CLAIMING TO BE
MORTGAGEES,LIENIIOLDERS, SUCCESSORS AND ASSIGNS
FIRST NATIONAL BANK,AMES,IOWA
AraV�atel-�
Thomas Pohlman,President
STATE OF IOWA,STORY COUNTY ss:
On this day of F 2001,before me,a Notary Public in and for the State of Iowa,personally
appeared Thomas Pohlman,to me personally known,who being by me duly sworn,did say that that person is President of said
corporation,that the seal affixed to said instrument is the seal of said corporation,or no seal has been procured by the said corporation,
and that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors and the said Thomas
Pohlman acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily
executed.
�,f `s� STAGE L.CtDOMES o/
?��r MY COMMdSSION EXPIRES
!a�P
Notary Public State of Iowa
AMES TRENCHING& EXCAVATING, INC.
By:
STATE OF IOWA,STORY COUNTY ss: /
On this 51 day of F�h-..r R..., ,2001,before me,a Notary Public in and for the State of Iowa,personally
appeared to me personally known,who being by me duly sworn,did say that that person is
of said corporation,that the seal affixed to said instrument is the seal of said corporation,or no seal has been
procured by the said corporation,and that said instrument was signed and sealed on behalf of said corporation by authority of its board
of directors and the said 41JI,,,,feJ lo,. acknowledged the execution of said'instrument to be the voluntary act and deed of said
corporation by it voluntarily executed.
STAGE L.COOMES
MY COMMISSION EXPIRES
Notary Public State of Iowa
T'S,INC:
By:
STATE OF IOWA,STORY COUNTY ss:
On this day of 1,before me,a Not ublic in and for the State of Iowa,personally
appeared ,to me personally known,who be by me y sworn,did say that that person is
of said corporation,that the seal affixed to s ' r ment is the seal of said corporation,or no seal has been
procured by the said corporation,and that said instrument w . ned and Seale behalf of said corporation by authority of its board
of directors and the said acknowled the execution of said instru to be the voluntary act and deed of said
corporation by it voluntarily executed.
Notary Public State of Iowa
RE-,RECORDED
01 - 02822 '
EXISTING PARTIES CLAIMING TO BE
MORTGAGEES,LIENHOLDERS,SUCCESSORS AND ASSIGNS
FIRST NAT AL BANK,AMES,IOWA
By:
Thomas Pohlman,Presi e
STATE OF IOWA,STORY COUNTY ss:
On this day of 1,b e me,a Notary Public in and for the State of Iowa,personally
appeared Thomas Pohlman,to me personally kno�istheoseal
being by me du orn,did say that that person is President of said
corporation,that the seal affixed to said in me of said corporation,o seal has been procured by the said corporation,
and that said instrument was sign nd sealed on behalf of said corporation by authority s board of directors and the said Thomas
Pohlman acknowledged t xecution of said instrument to be the voluntary act and deed of said oration by it voluntarily
executed.
Notary Public State of Iowa
AMES T CHING&EXCAVATING,INC.
By:
STATE OF IOWA,STORY COUNTY ss:
On this day of 2001,before otary Public in and for the State of Iowa,personally
appeared ,to me personally known,who b ' y me duly s ,did say that that person is
of said corporation,that the seal Red to said instrument is the se f said corporation,or no seal has been
procured by the said corporation,and that said i ment was signed and sealed on behalf of sai oration by authority of its board
of directors and the said acknowledged the execution of said instrument to be the volu act and deed of said
corporation by it voluntarily exe d.
Notary Public State of Iowa
MANATT'S, INC:
By: 1)/J�A
STATE OF IOWA,STORY COUNTY ss:
On this /,� day of ,�-e�[.�u ,2001,before me,a Notary Public in and for the State of Iowa,personally
appeared 7&P7/najlg—Jh ,to me personally known,who being by me duly sworn,did say that that person is
Sj hero-1 of said corporation,t ration,or no seal has been
procured by the saig corporation,and that said instrument was signed and sealed on behalf of said corporation by authority of its board
of directors and the said lofty j11as'w+t acknowledged the execution of said instrument to be the voluntary Lact and deed of said
corporation by it voluntarily executed.
a`"%A`"9 SHERI L. DAVIS
A � Notary Public State of Iowa
* MY COMMISS NN EXPIRES
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nr- R��ORDED
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02/07/01 17: 26 FAX 515 283 3108 NYEMASTER LAW FIRM Lam/. U13/ulD
HARDIN COUNTY SAVINGS BANK
N
STATE O OWA, €�A'COUNTY ss:
On this t Ha din
h day of February 2001,before me,a Notary Public in and for$t$ifCounty,Iowa,personally
appeared Larry Wolf to me personally known,who being by me duly sworn,did say that that person is
Vice President of said corporation,that the seal affixed to said instrument is the seal of said corporation,or no seal has been
procured by the said corporation,and that said instrument was signed and sealed on behalf of said corporation by authority of its board
of directors and the said-= Wol f acknowledged the execution of s 'd instrument to be the voluntary a and de of said
corporation by it
MCHML A.SMITH
oWo,
otaYTFUUTIC id for:8W ounty, owa
CLINIC VESTMENTS INC. Hardin
By:
STATE OF IOWA,STORY COUNTY ss:
On this day of 2001.before me,a No tc in and for Story County,Iowa,personally
appeared to me personally kno who being by my sworn,did say that that person is
of said corporation,that the seal affixe aid instrument is the seal of said corporation,or no seal has been
procured by the said corporation,and that said ins was signed Baled on behalf of said corporation by authority of its board
of directors and the said owledged the execution of saj ' strument to be the voluntary act and deed of said
corporation by it voluntarily a ed.
Notary Public in and for S County,Iowa
EVE FREEL AND MARILYN FREEL
Everett Free[ Marilyn Freel
STATE OF IOWA,STORY COUNTY ss:
On this day of 2001,before me, Notary Public in and fo ry County,personally appeared Everett
Free],to me known to be the person framed in and who executed the regoing ins ment,and acknowledged that he executed the
same as his voluntary act and deed.
Notary Public in for Story County,Iowa
STATE OF IOWA,STORY COUNTY ss-
On this day of 2001,before me,a Notary Public in and for Story County,pe nally appeared Marilyn
Freel,to me known to be th rson named in and who executed the foregoing instrument,and acknowledged th he executed the
same as her volunt t and deed,
Notary Public in and for Story County,Iowa
RE - RECORDED
01 - 02822. -
HARDIN COUNTY SAVINGS BANK
By:
STATE OF IOWA, COUNTY ss:
On this day of 2001,before me, otary Public in and for the State of Iowa,personally
appeared ,to me personally wn,who bein me duly swom,did say that that person is
of said corporation,that the seal to said instrument is the seal of said corporation,or no seal has been
procured by the said corporation,and that said inst nt was signe d sealed on behalf of said corporation by authority of its board
of directors and the said nowledged the execution of s ' 'nstrument to be the voluntary act and deed of said
corporation by it voluntarily execute .
Notary Public State of Iowa
CLINIC INVESTMENTS INC.
By: c Fd
'-`S'PA Z'0F IOWA, �'I�4/1i ff COUNTY ss:
t bn this day of e 2001,before me,allotary Public in and for the State of Iowa,personally
"Y%a V rQ°yyi is mpeared`= .S' ��me personally kno n,who being by me duly sworn,did say that that person is
s 4t''d r�li'. "jF3
� s�11S � p �C.�j.•L� of said corporation,that t no seal has been
�+^+I ip }?iea1 bylthcsaid corporation,and that said instrumentwas signed and-weled on behalf of said corporation by authority of its board
0 dire`Wis anQhe sai(L&,,;.S-0`��acknowledged the execution of said instru a the lu tary act and deed of said
J - Cprp rat ort l�It�voluntarily executed.
t t�yl. YO+f ro, .if.
°f 1':.;l Cif !`•':!"' �:
otary Public State of Iowa �o �
EVk7EL AND MARILYN F L
Everett Freel Marilyn Freel
STATE OF IOWA,STORY CO Y ss:
On this day of 2001,before me,a Notary Public in and for the St of Iowa,personally appeared
Everett Freel,to me known to be the person n ed in and who executed the foregoing' rument,and acknowledged that he executed
the same as his voluntary act and deed.
Notary Public State of Iowa
STATE OF IOWA,STORY CO ss:
On this day of 2001,before me,a Notary Public in and a State of Iowa,personally appeared
Marilyn Freel,to r rown to be the person named in and who executed the foregoing instru t,and acknowledged that she
executed t me as her voluntary act and deed.
Notary Public State of Iowa
BE- WORDED
HARDIN C TY SAVINGS BANK
By:
STATE OF IOWA, COUNTY ss:
On this day of 2001,before ary Public in and for the State of Iowa,personally
appeared ,to me personally known,who bein me duly rn,did say that that person is
of said corporation,that the seal a to said instrument is the of said corporation,or no seal has been
procured by the said corporation,and that said inst ent was signed and sealed on behalf of sai orporation by authority of its board
of directors and the said nowledged the execution of said instrument to be the vo tary act and deed of said
corporation by it voluntarily execute
Notary Public State of Iowa
CLINIC STMENTS INC.
By:
STATE OF IOWA, C TY ss:
On this day of .20 , efore me,a Notary Public in and for the State of Iowa,personally
appeared ,to me personally k who being a duly sworn,did say that that person is
of said corporation the seal affixed to said instru t is the seal of said corporation,or no seal has been
procured by the said corporation,an at said instrument was signed and sealed on be of said corporation by authority of its board
of directors and the said acknowledged the execution of said instrument to the voluntary act and deed of said
corporation by it vo arily executed.
Notary Public State of Iowa
EVERETT FREEL AND MARILYN FREEL
Everett Freel Mgilyn Free
STATE OF IOWA,STORY COUNTY ss:
On this - day o ,2001,before me,a Notary Public in and for the State of Iowa,personally appeared
Everett Freel,to me known to be the erson named in and who executed the foregoin strument,and acknowledged that he executed
the same as his voluntary act and deed.
CONNI`E'J.HERMANN
fl' MY COMMISSION EXPIRES
down Public State 010wa
STATE OF IOWA,STORY COUNTY ss:
On this day of 2001,before me,a Notary Public in and for the State of Iowa,personally appeared
Marilyn Freel,to me known to be the rson named in and who executed the floregoft instrume d ac wledged that she
executed the same as her voluntary act and deed.
No ary Public Stat Iowa
CONNIE J.HERMANN
F COMMISSI EIS
RE..RFCORDED s
01 - 02 822 8"
EXHIBIT A
EASTGATE SUBDIVISION
January, 2001
LOT# AREA % OF TOTAL % OF DAYTON
LAND ASSESSMENT
1 1.13 3.7 3.7
2 1.13 3.7 3.7
3 1.30 4.3 4.3
4 0.80 2.6 2.6
5 1.75 5.7 5.7
6 1.26 4.1 4.1
7 0.95 3.1 3.1
8 0.95 3.1 3.1
9 0.95 3.1 3.1
10 0.95 3.1 3.1
11 0.95 3.1 3.1
12 2.00 6.6 6.6
13 2.00 6.6 6.6
14 5.51 18.1 18.1
15 1.00 3.3 3.3
16 1.00 3.3 3.3
17 1.00 3.3 3.3
18 1.01 3.3 3.3
19 0.93 3.1 3.1
20 0.99 3.2 3.2
21 1.01 3.3 3.3
22 0.91 3.0 3.0
23 1.00 3.3 3.3
TOTALS 30.48 100% 100%
CORDED
01 °- 02 B22 q 1
6