HomeMy WebLinkAboutA011 - Waiver dated June 11, 1990 WAIVER
CITY OF AMES STREET IMPROVEMENT PROGRAM #3
WHEREAS, the undersigned is the owner of the following
. described real estate located in the City of Ames, Story
County, Iowa:
Part of the Northeast Quarter of the Southeast Quarter
of Section 6, Township 83 North, Range 24 West of the
5th P.M. , in the City of Ames, Story County, Iowa, described
as follows: Commencing at the Northeast corner of the
Northeast Quarter of said Section 6 ; thence S 89"58 ' 34"
W, 290.00 feet along the north line of the Northeast
quarter of said Section 6 ; thence S 0°38 ' 51" W, 1606.74
feet along the center line of Delaware Avenue; thence
S 8903814811W, 30 .00 feet along the north line of the
NEa SEk of said Section 6 to a point on the west line -
of Delaware Avenue (which is the Southeast corner of
Block 8 in the Original Town of New Philadelphia, now
a part of the City of Ames) ; thence S 0°38 ' 51" W, 139. 06
feet along the west line of Delaware Avenue, to the
point of beginning; thence continuing S 0°38 ' 51" W,
180 . 00 feet along the west line of Delaware Avenue;
thence N 89°41 ' 19" W, 175.00 feet along a line which
extends westerly from a point which is 290 feet West
and 1925. 5 feet South of the Northeast corner of said
Section 6 ; thence N 0038151" E, 180 .00 feet; thence
S 89041119" E, 175.00 feet to the point of beginning;
which real estate, upon approval by the City of Ames, Iowa,
of the Final Plat thereof will be known as Farnham and Manci
First Addition to Ames, Iowa;
WHEREAS, the undersigned desire that the public improvements
of a kind outlined in the proposed City of Ames Street Improve-
ment Program #3 (hereinafter referred to as the "Project" )
be constructed; and
WHEREAS, the construction of said public improvements
will, in part, specifically benefit the above-described real
estate of the undersigned.
NOW, THEREFORE, the undersigned states that in the event
the City of Ames, Iowa, approves the Final Plat of Farnham
and Manci First Addition to Ames, Iowa, and in the event
the City of Ames, Iowa, initiates the construction of the
aforesaid public improvements and assessment of the costs
thereof pursuant to Chapter 384, of the Code of Iowa, the
undersigned agrees as follows:
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1. That it waives the notice to property owners by publi-
cation and mailing as provided in Section 384. 50 of the Code
of Iowa.
2 . That it waives the right to a hearing on the making
of the improvement, the boundaries of the special assessment
district, the cost of the project, the assessment against
its lots or the final adoption of the resolution of necessity
as provided for in section 384. 51 of the Code of Iowa.
3. That it consents to the adoption of a preliminary
resolution, a plat, schedule of assessments and cost estimate,
and resolution of necessity by the City of Ames, Iowa, for
the project.
4. That it agrees that the amount and proportion of
the cost of the construction of the above-described public
improvement to be paid by it, as ascertained and determined
by the council of the City of Ames, shall constitute an assess-
ment against its above-described property and that said assess-
ment shall be paid by the undersigned within the time provided
by law. for the payment of special assessments for such improve-
ment. Any right to request deferment for agricultural land
is hereby waived.
5. That it waives the limitation provided in Section
384.62 of the Code of Iowa that an assessment may not exceed
twenty-five (25 ) percent of the value of its lot as defined
in Section 384. 37 (5 ) of the Code of Iowa.
6 . That it waives the notice to property owners by publi-
cation and mailing as provided by Section 384. 60 of the Code
of Iowa (relating to notice of certification to County Auditor
of final schedule of assessments ) .
7. That it warrants that the aforesaid real estate is
free and clear of all liens and encumbrances other than those
for ordinary taxes, except for such liens as are held by
the lienholders hereinafter listed and designated as signatories
of this waiver.
8. That it agrees to subordinate the sale of any part
of its aforesaid property to the terms of this waiver.
9 . That if the project or the assessment is declared
in whole or in part to be invalid or beyond the city' s authority,
it will nevertheless pay the amount assessed against its
above-described real estate.
10. That this Waiver shall be binding on the successors
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and assigns of the undersigned.
IT IS FURTHER AGREED by each of the undersigned lienholders
that in the event the City of Ames, Iowa, approves the Final
Plat of Farnham and Manci First Addition to Ames, Iowa, and
in the event the City of Ames, Iowa, initiates the construction
of said public improvements within the time frame set forth
above:
11. That the initiation of this public improvement project
may be commenced under Section 384. 41(1) of the Code of Iowa
in order that special assessments for the cost thereof shall
be liens on the above-described real estate to the same extent
as provided in Section 384. 65 (5 ) of the Code of Iowa.
12. That its lien or liens shall be junior and inferior
to the lien of any assessment levied in connection with the
construction of said public improvements.
13. That this agreement shall be binding on the heirs,
devisees, executors, administrators, successors and assigns
of any and all of said lienholders.
DATED this day ofv�,V�
FARNHAM AND MANCI, A Partnership
Consisting of Robert D. Farnham
and Ahmad A. Manci
By
Robert D. F rnham
By
da A. a i
LIEN HOLDER:
FIRST NATIONAL BANK, AMES, IOWA
By
By ,
APPRO RM _
BY
Jon R
mh
Cy Aoy
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STATE OF IOWA )
ss.
STORY COUNTY )
On this //'C; day of 1990, before me, the
undersigned, a Notary Public in and for the said County and
said State, personally appeared Robert D. Farnham and Ahmad
A. Manci, to me personally known, who being by me duly sworn,
did say that they are the partners of Farnham and Manci,
a partnership, and that the instrument was signed on behalf
of the partnership by authority of the partners ; and the
partners acknowledged the execution of the instrument to
be the voluntary act and deed of the partnership by it and
by the partners voluntarily executed.
=S. A. NOTARY PUBLIC - STATE OF IOWA
STATE OF IOWA )
ss.
STORY COUNTY )
On this 11 day of 1990, before me, the
undersigned, a Notary Public in and for the State of Iowa,
personally appearededtLArri{ �J—a� �so� and-f-ozc, Lc.Lt�e�/ •
to me personally known Kho bei b me dulyswor , di
P Y ry,/' g and JS, i`ce
say that they are the Id6 01- rz ► �Si ebl
respectively, of said corporation executing
the within and foregoing instrument; that the seal affixed
thereto is the seal of said corporation; that said instrument
was signed and sealed on behalf of said corpor��i �by authority
of its Board o Directors ; and that the saidSeI-�Si/
and as such officers, acknowledged
the execution of said instrument to be the voluntary act
and deed of said corporation, by it and by them voluntarily
executed.
fi . ,ji
NOTARY PUBLIC - STAT F IOWA
LINDA BOTTORff
1 MY COMMISSION EXPIRES