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HomeMy WebLinkAboutA008 - Declaration of Covenant - Snow and Ice Removal 99- 13758 INST.NO. f STORY COUNTY OWA FILED F01�F1GOCib a OCT 0 5 1999 PM SUSAN L.VAND M ReCord9r ti"' REOORDINQ FEE$ AUDffO 8 FEE$ -�'— �, ffi IQ Instrument Prepared By: Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921 DECLARATION OF COVENANT SNOW AND ICE REMOVAL Pursuant to Article III of the Articles of Incorporation of Somerset Village Apartment and Village Cottage 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 Village Apartment and Village Cottage 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 Sixth Addition, Ames, Story County, Iowa; and, that the said Somerset Village Apartment and Village Cottage 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. ri Erben A. Hunziker, as Trustee of he Erben A. Hunziker Revocable Trust Dated July 28, 1992 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, pe nally 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 dTotary t e p rso nd of the fiduciary. DEBORAH S. KRAUT H Public in and for the State of Iowa MY Mi:A�� ^\F IRES 4 Donald M. Furman, as Co-Trustee of the Donald and Ruth Furman Revocable Trust Dated March 1, 1991 Ruth 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 /'� day of , 1999, before me, the undersigned, a Notary Public in and for the Sta` tc/of Iowa,perso ly 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. DEBORAH S. KRAUTH MY COMMISSION EXP RES Notary Pu lic in and for the State of Iowa gown R. FRIEDRICH & SONS, INC. By: ` inhard K. Friedrich, Pr ident By: �e_ll obert K. Friedrich./Jr. , Vice President 2 9 9- 1 3 758 CZ� A y 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,perso L lly appeared Reinhard K. Friedrich and Robert K. Friedrich, Jr.,to me personally known, who being by me duly sworn, did say that they are the President and Vice President 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, Jr., 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. �� DEBORAH S. KRAUTHMA$MY COM N EXP RES 9taryis in and for the State of Iowa Iowa C:\cdrive\DSK\Sommet\Sixth Addition\SNOWICE.wpd 3 99- 3758 (3 )