HomeMy WebLinkAboutA012 - Covenant for Assessment of Costs of Improvements dated November 16, 1992 M
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n 4yp/Yl v`�p�y�p,MP,R�A$EWANT FOR ASSESSMENT OF COSTS OF IMPROVEMENTS
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Aviditoesfee$ THIS COVENANT AND AGREEMENT is made and entered into
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effective the I lV day of November, 1992 , by, between and among
WILLIAM K. FEDELER, an unmarried person, STORY CONSTRUCTION CO. ,
an Iowa Corporation, and FIRST NATIONAL BANK, AMES, IOWA, and their
respective spouses, heirs, lienholders, successors and assigns
("Owners/Developers") , and the CITY OF AMES, IOWA ("City") ,
WITNESSETH:
WHEREAS, the Owners/Developers have applied to the City
for approval of a subdivision plat for:
The West 190 Feet of the East 412 . 5 Feet of the SE 1/4
of the SW 1/4, EXCEPT the South 563 Feet thereof; AND
the East 222 . 5 Feet of the SE 1/4 of the SW 1/4; EXCEPT
the South 63 Feet thereof, and EXCEPT the West 122 .5 Feet
of the North 140 Feet of the South 203 Feet thereof; AND
(a replat of) Lot Four (4) , Skunk River East, First
Industrial Addition; all in the SE 1/4 of the SW 1/4 of
Section 1, Township 83 North, Range 24 West of the 5th
P.M. , in the City of Ames, Story County, Iowa; more
particularly described as follows:
Commencing at the Southeast Corner of the SW 1/4 of
Section 1, Township 83 North, Range. 24 West of the 5th
P.M. , in the City of Ames, Story County, Iowa; thence
North 0101311011 East 63 .100 Feet along the East line of
the SE 1/4 of the SW 1/4 of said Section 1 to the point
of beginning; thence continuing North 01013 ' 10" East
1,257. 08 Feet along the East line of the said SE 1/4 of
the SW 1/4; thence North 8801712011 West 412 .50 Feet along
the North line of said SE 1/4 of the SW 1/4; thence South
01013 ' 10" West 194 .54 Feet along the West line of the
East 412 .5 Feet of the SE 1/4 of the SW 1/4; (the next
nine lines are along the. boundary of Lot Four (4) , Skunk
River East, First Industrial Addition) : thence South
59000100" West 393 . 00 Feet; thence South 4703010011 West
280. 00 Feet; thence South 28015100" West 232 . 35 Feet;
thence South 88046150" East 348. 05 Feet; thence South
01013110" West 438.85 Feet; thence South 88021120" East
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35. 00 Feet; thence North 01013110/1 East 403 . 35 Feet;
thence North 44026135/1 East 115.40 Feet; thence South
88021120/1 East 368.40 Feet along the North line of the
South 563 Feet of said SE 1/4 of the SW 1/4; thence South
01013110/1 West 360. 02 Feet along the West line of the
East 222 . 5 Feet of said SE 1/4 of the SW 1/4; thence
South 88021120/1 East 122 .50 Feet along the North line of.
the South 203 Feet of said SE 1/4 of the SW 1/4; thence
South 01013110/1 West 140. 00 Feet along the West line of
the East 100 Feet of said SE 1/4 of the SW 1/4; thence
South 88021120/1 East 100. 00 Feet along the North line of
the South 63 Feet of said SE 1/4 of the SW 1/4 to the
point of beginning;
all as shown on the plat attached hereto and by this reference made
a part hereof, to be known as H & B SUBDIVISION TO AMES, IOWA, and
WHEREAS, the Owners/Developers also wish to defer and
delay compliance with those provisions of the ordinances of the
City that require construction of sidewalks as a precondition to
approval of a proposed subdivision plat, and
WHEREAS, the City wishes to accommodate the business
interests of the Owners/Developers while still serving the public
interest in requiring Owners/Developers to pay the cost of
constructing sidewalks required for new development lots prior to
construction of buildings on those lots,
NOW, THEREFORE, the parties herein have agreed and do
agree as follows:
1. In anticipation of the possibility that the City may
at some time deem it to be in the public interest to cause
construction of sidewalks as public improvements by means of City
awarded contracts to be paid in whole by special assessments to be.
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levied against the properties hereinafter described of the
Owners/Developers, it being understood and agreed that the costs
of such a project may be financed by the issuance and sale of bonds
of the City, payment of the principal and interest thereon, and all
costs of issuance, interim borrowing, legal fees, engineering or
whatever to be included in and fully abated by the aforesaid
assessment, and as an inducement for the City to do so, the
Owners/Developers covenant and agree that by the execution of this
instrument, they and each of them:
A. Waive notice to property owners by publication and
mailing as provided by Section 384. 50 of the Iowa
Code.
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
assessment against any lot or the final adoption of
the resolution of necessity as provided for in
Section 384.51 of- the Iowa Code.
C. Consent to the adoption of a preliminary resolution,
a plat, schedule of assessments and costs estimate,
and a resolution of necessity by the City for the
project.
D. Waive any objection 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.
E. Agree that the amount .and proportion of the costs
of the construction or repair of the above-described
improvement to be paid by the property owners, as
ascertained and determined by the counsel of the
City, spread over a period of ten (10) years at
lawful and usual interest, shall constitute
assessments against the property stated below, and
that said assessments shall be paid by the
undersigned Owners/Developers within the time
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provided by law for the payment of special
assessments for such improvement.
F. Waive the limitation provided in Section 384. 62 of
the Iowa Code that an assessment may not exceed
twenty-five percent (25%) of the value of his lot
as defined in Section 384. 37 (5) of the Iowa Code.
G. Waive notice to property owners by publication and
mailing as provided by Section 384 . 60 of the Iowa. , , .
Code (relating to notice of certification to county
auditor of final schedule of assessments) .
H. Warrant that the real estate herein described is
free and clear of all liens and encumbrances other
than for ordinary taxes, except for the lien
currently held by First National Bank, Ames, Iowa,
listed and designated as signatories of this
Agreement.
I. Agree to subordinate the sale or mortgaging of any
part of the property listed herein to the terms of
this Agreement.
J. If the project of this Agreement, or the assessment,
is declared, in whole or in part, invalid or beyond
the City' s authority, the parties agree to
nevertheless pay the assessed amounts.
K. Lienholders, present and future, shall be junior and
inferior to the lien of any assessments levied
pursuant to their covenant and agreement.
L. Waive the right to request deferment for
agricultural land.
All of the foregoing with respect to and encumbering
those portions of the first above-described land that are proposed
to be platted as H & B SUBDIVISION TO AMES, IOWA.
2 . This Covenant and Agreement shall be filed for
record in the office of the Recorder of Story County, Iowa, and all
covenants, agreements, promises and representations herein stated
shall be deemed to be covenants running with the land and shall
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endure and be binding on the parties hereto, their 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.
3 . Invalidation of any of these covenants by a judgment
or court order shall in no way affect any of the other provisions,
but shall remain in full force and effect.
WILLIAM R. FEDELER,
Owner/Developer
STORY CONSTRUCTION CO. ,
an Iowa Corporation
Owner/Developer
By ,
ththard T. 6Yohnson,
E. cutive Vice-President
By
Gary W rning,
Secret ry
t FIRST NAL BANK, AMES, IOWA
y
Edward C. Jacobs
2
Senior Vice-Pres ent
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By /�;`�"✓�� -�1
5'�P��, •• �, 4 ; Michael Flyn ,
Vice-President
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= 3"� ;n Lienholder
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CITY OF IO •
✓y 1.y. a r M rc t r
By
Larry Curtis, Mayor' :
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By
Sandra L. Ryan,.-f City- Clerk
STATE OF IOWA ) ;
ss.
COUNTY OF STORY )
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On this & day of `'y� ��' , 1992,
before me, the undersigned, a Notary Public in and for the State
of Iowa, personally appeared William K. Fedeler, an unmarried
person, to me known to be the identical person named in and who
executed the within and foregoing instrument, and acknowledged that
he executed the same as his voluntary act and deed.
0 1`s9 FRANK 6.JOHNSTOPI
MY
COMMItION XPPIRES
-ow> ��-- Notary Public in and for the
State of Iowa
STATE OF IOWA )
ss.
COUNTY OF STORY )
On this day of 19.92
before me, the undersigned, a Notary Public in and for the•°.State
of Iowa, personally appeared Richard T. Johnson and Gary warning,, l ;
to me personally known, who being, by me duly sworn, did, 6" that :fA
they are the Executive Vice-President and Secretary, respeGta.velil;a :h
of the corporation executing the within and foregoing ids
that no seal has been procured by the corporation';
instrument was signed on behalf of the corporation by au fior>�ty.
its Board of Directors; and that Richard T. Johnson.,
Warning, as officers, acknowledged the execution of theprego ;� `
instrument to be the voluntary act and deed of the corporation---
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it and by them voluntarily executed.
Notary Public in d for the
State o`fJ Igowa
SO�Ndha VA�J�Piw
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STATE OF IOWA )
ss.
COUNTY OF STORY
On this day of V 1a�+ � 1992, before me,
the undersigned, a Notary Public in and for the State of Iowa,
personally appeared Edward C. Jacobson and Michael J. Flynn, to me
personally known, who being by me duly sworn, did say that they are
the Senior Vice-President and Vice-President, respectively, of the
corporation executing the within and foregoing instrument; that
the seal affixed thereto is the seal of the corporation; that said
instrument was signed and sealed on behalf of the corporation by
authority of its Board of Directors; and that Edward C. Jacobson
and Michael J. Flynn, as officers, acknowledged the execution of
the foregoing instrument to be the voluntary act and deed of the
corporation, by it and by them voluntarily executed.
�.-!&% FRANK 0.Jul-s��IS3e�i ..�,,� sie �It,z Notary Public in and for the
—._.. State of Iowa
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DESCRIPTION: 3 -
SCALE: 1' = eo' North b -_ o:
The West 190 feet of the East 412.5 feet of the SE1/4-SW1/4, zo so .�•�, w
EXCEPT the South 563 feet thereof; AND the East 222.5 feet of the {1i�"� Lu'
t a;... Ze
�N SE1/4-SW1/4, EXCEPT the South 63 feet thereof, and EXCEPT the o 4o eo 160 zw 520 0 f.7:
West 122.5 feet of the North 140 feet of the South 203 feet Z r
(Reduces to Approx. 1' = 226') 6 I/2•x le rr Uj<
µ thereof; AND (a replat of) Lot Four (4), Skunk River East, First Lot AEE
�"'"'•_�- � Industrial Addition; ALL in the Southeast Quarter of the
.�•'�.. Southwest Quarter (SE1/4-SW1/4) of Section 1 - T83N - R24W of the -yPo ot�-�^ _ O
Sth P.h1., in the City of Ames, Story County, Iowa; more
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particularly described as follows: - 0dV1� •1 •-'vac1=���,-..��,,���,
a->nn-may` "Commencing at the Southecst (SE) corner of the Southwest
q Quarter (SW1/4) of Section 1 - T83N - R24W of the 5th P.M., in ACREAGE: 14.9943 Acres
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r the City of Ames, Story County, Iowa; thence N 01' 13' 10" E, (653,t53 square Feet)
t' 63.00 feet along the east line of the SE1/4-SW1/4 of said Section :c;.
N6821'20'W-412_50• `
1, to the Point of Beginning; thence continuin N 01' 13' 10" E,
G I Industrial t� 1--190.00'----'-1 222.50'i�--'-
1,257.08 feet along the east line of the SE1�4-SW1/4; thence ZONING: G-I (General ) ;.`.:• 00• %
N 88' 17' 20" W, 412.50 feet along the north line of the SE7/4-
SW1/4; thence S 01' 13' 10" W. 194.54 feet along the west line of
the East 412.5 feet of the SE1/4-SW1/4; (the next nine lines are LEGEND' oo \
along the boundary of Lot 4, Skunk River East, First Industrial p __
Addition) thence S 59' 00' 00" W. 393.00 feet; thence ---3--- = utility Easements h
S 47' 30' 00" W, 280.00 feet; thence S 28' 15' 00" W, 232.35 �- ,yev, ,•�1 `1
feet; thence'S 88' 46' 50" E. 348.05 feet; thence xx =douse Number =ant 4,.�5' '1
Z S 01' 13' 10" W, 438.85 feet; thence S 88' 21' 20" E, 35.00 feet; o ='Section comer as noted q _ Floodway I Ncrt:". 3•FO• bj "icrt"•'�al' -
_ .� Encroachment
thence N 01' 13' 10" E. 403.35 feet; thence N 44' 26' 35" E, = set 1 2' x 30' Iron a"•O / pin w/cap b8136 �N
115.40 feet; thence S 88' 21' 20" E. 368.40 feet along the north o = Found Iron pin o Monument s noted h -
(n line of the South 563 feet of the SE1/4-SW1/4; thence or Set 5/8' x 3C' Iron pin as
#8136 / ao3 M
S 01' 13' 10" W, 360.02 feet alongthe west line of the East (m) = Measured or Computed Distance 3 I - c
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222.5 feet of the SE7/4-SW1/4; thence S 88' 21' 20" E, 122.50 y� Lot 3 I
feet along the north line of the South 203 feet of the SE1/4- >, I .. N
m SW1/4; thence S 01' 13' 10" W, 140.00 feet along the west line of n, / b'_'_'L__-_58821.20'EI- 368.40• I s."'�:Em."r,
-------------
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the East 100 feet of the SE1/4-SW1/4; thence S 88' 21' 20" E. ro /��;,�F, 18., so.00• �• 1so.oa• --
100.00 feet along the north line of the South 63 feet of the
(n SE1/4-SW1/4, to the Point of Beginning:'
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NOTES: �_ ems:'--
1. Lot"A is a landfill area and no buildings ' .. a {(' , c I
can be constructed on this lot. �./,•1 p Lot 2 1�3 ki'$3y c'ai
2. The Northerly part of Lot 2 and the Easterly ^ in
part of Lot 3 are located over areas See21.20•E A I tAiVi''-L A*Du'C:ti v)
' which have been filled, soil borings will be / Ri $ o � �� 'est 11,40, 115.00• I w
required to determine foundation depths for any v v a a acst T,,,,.
bI s
structures. I E 1 "- *No .
3. Minimum Finished Floor Elevations - Bit
b 1509 - c o
for buildings re s follows: ••-� - j - -' rn , Lot 1 _
lot 1 = 65.3 (City Datum) ` V n ,9 - -
Lot 2 = 65.5 / e � r✓ S6821.20'E
Lot 3 = 65.6 / ti z IS8821'20'E^1
11 122.50'it 55•o 71
/ B
N Lb3
o
zOS I"p
c^ ®I POINT of
�- Lincoln Y m 8*21'2 ll yu 35. zs�_ao•J BEGINNING
-_-_- Centerline of W8 P "- sa35.00' E
� 58821'20'E.
N8821'20•w-2.600.89' iO 100.00'
South Line of the SW 1/4 -�- -----------_
CERTIFICATION: d\
`E Cemr Aei/. m
I hereby certify that this plat is in accordance with a
survey, made by me or under my direct personal supervision, in
November, 1989; at the request of William K. Fedeler, 1509 East a
Lincoln Way, Ames, Iowa 50010; and Richard T. Johnson, of Story
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Construction Co., 222 East 3rd Street, Ames. Iowa 50010; and the a
City of Ames; and that it is a true and correct representation of U
b LAN the lands surveyed, and that permanent control monuments, with a Lot Areas FINAL PLAT
surveyor's marker, have been established at each controllingDIIIOcorner of the parcels os subdivided; and that I am a duly LOt S Ft. Acres
Registered Land Surveyor under the Laws of the State of Iowa. 1 1 28 618 0.6570 2 141 107 3.2394 to 3 311 325 7.1470 AMES, IOWA cA" 172.103 3.9509 "Includes a replat of,Lot Four (4),
TOTAL = 653.153 = 14.9943 Skunk River East, First Industrial Addition"
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„ Kenneth D. Janss P.E., L.S. 8136