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HomeMy WebLinkAboutA009 - Declaration of Covenant - Snow and Ice Removal for Garden Apartment Association INST.NO. 9 9 12170 STORY COUNTY, IOWA / FILED FOR RECORD SEP 0 3 1999 PM r SUSAN L.VAND KA P ecordeT pQ— RECORDING FEE$ �^ o— AUDITOR'S FEE$ 2U * � CD f=-z U. Instrument Prepared By: Go °� Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921 U. ch co DECLARATION OF COVENANT SNOW AND ICE REMOVAL Pursuant to Article III of the Articles of Incorporation of Somerset Garden Apartment Association,and in accordance with paragraph VI B of AN AGREEMENT PERTAINING TO THE REZONING, SUBDIVISION PLATTING AND DEVELOPMENT OF LAND IN THE CITY OF AMES TO BE CALLED SOMERSET SUBDIVISION,the aforesaid Somerset Garden Apartment Association hereby declares and covenants that it shall have and perform the duty to remove snow and ice with respect to any and all City alleys located in Somerset Subdivision Fifth Addition,Ames, Story County, Iowa; and, that the said Somerset Garden Apartment Association shall defend, indemnify and hold harmless the City of Ames, its officers and employees from any and all losses, claims, damages, liability or expense, including attorney's fees,resulting from or arising out of any failure to remove snow and ice from the aforesaid City alleys. DATED this�day of , 1999. CW Erben A. Hunziker, as Trustee o the Erben A. Hunziker Revocable Trust Dated July 28, 1992 STATE OF IOWA, COUNTY OF STORY, ss: On this�`�tlay of , 1999, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Erben A. Hunziker, Trustee of the Erben A. Hunziker Revocable Trust Dated July 28, 1992, to me known to be the identical person named in and who executed the foregoing instrument, and acknowledged that the person, as the fiduciary executed the instrument as the voluntary act and deed of the person and of the fiduciary. IlY00MMISSIDNEX zm Notary Publi in and for the State of Iowa 9 i /wY/l Donald M. Furman, ad Co-Trustee of the Donald and Ruth Furman Revocable Trust Dated March 1, 1991 Ru W. Furman, as Co-Trustee of the Donald and Ruth Furman Revocable Trust Dated March 1, 1991 STATE OF IOWA, COUNTY OF STORY, ss: On this Lt*day o , 1999, before me, the undersigned, a Notary Public in and for the State of Iowa,pers ally appeared Donald M. Furman and Ruth W. Furman, Co- Trustees of the Donald and Ruth Furman Revocable Trust Dated March 1, 1991,to me known to be the identical persons named in and who executed the foregoing instrument, and acknowledged that the persons, as the fiduciaries executed the instrument as the voluntary act and deed of the person and of the fiduciary. HILLARY A.HO`�IIARD Notary Pub ' in and for the State of Iowa MY COMMISSION EXPIRES rY w R. FRIEDRICH & SONS, INC. Z. , .- I By: j(� 0//. 1. , 'L einhard K. Friedrich, Preslident By: Robert K. Friedrich, Chairman 2 99 - 12 170 Cad STATE OF IOWA, COUNTY OF STORY, ss: On this[ day of , 1999,before me, the undersigned, a Notary Public in and for the state of Iowa,person ly appeared Reinhard K. Friedrich and Robert K. Friedrich, to me personally known, who being by me duly sworn, did say that they are the President and Chairman of the corporation, respectively, executing the within and foregoing instrument; that no seal has been procured by the corporation; that said instrument was signed on behalf of the corporation by authority of its Board of Directors; and that Reinhard K. Friedrich and Robert K. Friedrich, 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. HILLARY A.HOWARD MY COMM"WIRES Notary Public-in and for the State of Iowa ow ::::� — I kk;��Cl CAcdrive\DSK\Somerseffifth Addition\SNOWICEREMOVAL-Garden.wpd 3 99 - 1 2 1 70 3�