HomeMy WebLinkAboutA012 - Contract and Waiver dated September 8, 1992 03202 r/
.STORY COUNTY, � F
FILED FOR RECORD
SEP 1 01992 Alone
*ANNDEKA �� CONTRACT AND WAIVER
L.V 1992 AIRPORT ROAD SEWER AND WATER MAINS PROJECT
$ '
Recording Fee THIS AGREEMENT made and entered into by and between the City of
Auditor's Fee$ mes, Iowa, (hereinafter referred to as the "City") , and the undersigned
property owners in the City, (hereinafter referred to as the "Property
Owners") , and the undersigned lienholders (hereinafter referred to as
the "Lienholders") who hold liens on certain property of the Property
Owners:
WHEREAS, each of the Property Owners is respectively the owner of
the tracts of real estate set opposite their name; and,
WHEREAS, the undersigned Property Owners desire that the public ,
improvements (hereinafter referred to as the "Project") described in the
Appendix hereto be accomplished; and,
WHEREAS, such construction or repair will specifically benefit the
respective properties of the Property Owners; and,
WHEREAS, the City has the power to accomplish such Project and
assess the cost thereof to the Property Owners pursuant to Chapter 384
of the Iowa Code; and,
WHEREAS, a Proposed Schedule of Assessments has been prepared for
the Project listing the proposed amount of assessments to be levied
against the below listed properties for the Project;
NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS:
The Property Owners, City, and Lienholders, by execution of this
Agreement, agree and intend that this Agreement shall constitute a
written contract as provided for in Section 384.41 of the Iowa Code for
a public improvement to be paid in whole by special assessments to be
levied against the below listed properties of the undersigned Property
Owners.
FURTHER, it is understood and agreed that the costs of the Project
may be financed by the issuance and sale of general obligation 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 as provided
for herein.
FURTHER, the City by execution of this Agreement, agrees, as soon
as practicable to proceed to take any and all action required by Chapter
384 of the Iowa Code or any and all other actions required by law to be
taken in order to complete the Project.
FURTHER, Property Owners agree that in consideration of the city
proceeding to complete the project, the Property Owner shall :
333 E
BOOK PAGE
Grant unto the City of Ames a 20' construction and 10'
permanent easement for construction and maintenance of the
proposed improvements.
FURTHER, each of the Property Owners by execution of this Agree-
ment:
1. Waives notice to Property Owners by publication and . mailing as
provided by Section 384.50 of the Iowa Code.
2. 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 any lot or the final adoption of
the resolution of necessity as provided for in Section 384.51 of
the Iowa Code.
3. Consents to the adoption of a preliminary resolution, a plat,
schedule of assessments and cost estimate, and resolution of neces-
sity by the City for the Project.
4. Waives any objections to the Project, the boundaries of the dis-
trict, the cost of the Project, the valuation of any lot, the
assessment against any lot, or the final adoption of the resolution
of necessity.
5. Agrees that the amount and proportion of the cost of the construc-
tion or repair of the above-described improvement to be paid by the
Property Owners, as ascertained and determined by the Council of
the City, spread over a period of ten years at . 6.3 percent per
annum interest, shall constitute assessments against the respective
properties described in the 'attached appendix and that said assess-
ments shall be paid by the undersigned Property Owners within the
time provided by law for the payment of special assessments for
such improvement. The right to request deferment for agricultural
land is hereby waived.
6. Waives the limitation provided in Section 384.62 of the Iowa Code
that an assessment may not exceed twenty-five (25) percent of the
value of his lot as defined in Section 384.37(5) of the Iowa Code.
7.. Waives 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) .
8. Warrants that the real estate described below is free and clear of
all liens and encumbrances other than for ordinary taxes, except
for such liens as are held by the Lienholders hereinafter listed
and designated as signatories of this Agreement.
9. Agrees to subordinate the sale or mortgaging of any part of the
property listed below to the terms of this Agreement.
10. If the project on this agreement, or the assessment is declared in
whole or in part invalid or beyond the City's authority, the par-
33 9A
PAGE
A
1
ties agree to nevertheless pay the assessed amounts stated pursuant
to this agreement.
FURTHER, each of the Lienholders, by execution of this Agreement,
individually:
1. Agrees and consents to the initiation of this public improvement as
authorized by Section 384.41(1) of the Iowa Code in order that the
special assessments for the cost of the Project shall be liens on
the below listed properties to the same extent as provided in
Section 384.65(5) of the Iowa Code.
2. Agrees and consents that their lien or liens shall be junior and
inferior to the lien of the assessment levied pursuant to this
Agreement.
3. That all the foregoing covenants, agreements, waivers and consents
shall be binding on and inure to the heirs, devisees, executors,
administrators, successors and assigns of any and all said lien—
holders.
FURTHER, as provided by the second unnumbered paragraph of Section
384.61 Code of Iowa, if a Property Owner divides the property subject to
assessment (as described in the appendix hereto) into two or more lots,
and if the plan of division is approved by the City Council , the lien on
the property assessed may be partially released and discharged, with
respect to any such lot, by payment of the amount calculated as deter—
mined by the City Council .
Dated this 8th day of September 1992.
CITY OF AMES, IOWA
By
a yR Cu i,s,, ,ayar�
4
Attest:
.
� Qt J��t `t
!
Jill Ripper r, ting City Clerk �o;
$Y
Y.
rr--,
C,(D'e .
BOOK 33 PAGE
4
LIEN HOLDERS PROPERTY OWNERS
By NO A)e — gy
rg ite Sevde
By
ndy S vde
By
Karin Sevde
STATE OF IOWA
ss:
COUNTY OF STORY
On this 9th day of September 1992, before me, a Notary
Public in and for the State of Iowa, personally appeared Larry R. Curtis
and Jill Ripperger, to me personally known, and, who, being by me duly
sworn, did say that they are the Mayor and Acting City Clerk, respec-
tively, of the City of Ames, Iowa; that the seal affixed to the forego-
ing instrument is the corporate seal of the corporation, and that the
instrument was signed and sealed on behalf of the corporation, by au-
thority of its City Council , as contained in Resolution No. 92-336
adopted by the City Council on the 8th day of September, 1992, and
that Larry R. Curtis and Jill Ripperger acknowledged the execution of
the instrument to be their voluntary act and deed and the voluntary act
and deed of the corporation, by it voluntarily executed.
, V I) in bpril L V, ) ,-
No ry Public in 'and for
Story County, Iowa
STATE OF IOWA REBECCA J. La7T
S S: M 6CY COMMISSION EXPIRES
COUNTY OF STORY W.0-1
On this 3rd day of
1992, before me, a Notary
`\j i n ; PubTic n and for Story County, personally appeared Marguerite Sevde,
"R 'd Sevde and Karin Sevde, to me known to be the persons named in and
, x , who%executed the foregoing instrument, and acknowledged that they exe-
{ ev— � k ct�tedK the same as their voluntary act and deed.
s r
4 3' M hJ
{ " k' Nota% ftblic in and for
Story County, Iowa
law/sevde-8
ONK 333 �4,5
PAGE..
SPECIAL ASSESSMENT -TAIL,' LIST 1992 SE'•1DE SAN SWR/WJTR MAIN I MPR CITY OF AMES, STORY COUNTY
INTEREST RATE 6.30%
DATE TO CERTIFY ,1_` COUNTY FOR COLLECTION October- 1. , 1992 FIRST PNT RATE 7.35%
NAME AND TAX PAID DUE
CERT #4 PROPERTY DESCRIPTION ASSESSMENT IN FULL ,+ULY i. PRINCIPAL INTEREST TOTAL
I
25565 R.H. & M. SE'•1DE $24 74-) ' 0 19931 2,474.00 1,S 1 e }5 • 4,292.53
QQ
Ames, Ia. 50010 _
1994 7,4J4.t)`c-SS 1 ,4?>.I.c�._, 3,876.91 r-
0?-15-350--130 1995 2.474.OS 1,246.96 3,721.04
Commencing at the SE corner of �
the NW iit}. of Section 15 T83N 1996 2,4714.00 1,091o09 3,565. 17 �
R24W and running thence north �
C) 04'41" east 53.6' to the north f r
1 9. 2,474._)ES 935.2: 3,409.30
right of way line of Airport lid,
thence south 89 28'07" wrest to 1998 2,474.OS 779.15 3,253.43
the point of beginning; thence � -
south 89 ?S' )7" west 849.52
'4 I
/`C ,
thence south 0ti 1 .:�:' east ^�),�s' ,
thence southwest along an 879.51 ' 1999 2,474.Oe 623.48 3,097.56 he
curveradiucurveconcave to the left �
1?3, with achord of south �.z_)f)C> 474.C)8 -F67.61
7r� 'r,'`.56" west 1._,8.36`t thence -
9 2,941.69
south 89 28'07" west 94. 120 thence 2001 ,2 r�
1c<s: 474. 311.74 2,7S5.e2
north ?,a 37`37" wrest 26.59'; thence
north 32 37'21" east 795.51 '; thence 2002 2,474.Oe 155.87 2,629.95
north 89 1 '50" east 59.68'; thence
-
north 84 34'._,4" east 6�>.7.�,4'g thence �.__�- -__._______..-_____.__-_______.______
,
south 00 4'41" west 678.34' to 24,740.00 8,8 3 .6C) 33,570.40
the point of beginning.
TOTAL ASSESSMENTS $24 740.%
TOTAL PRINCIPLE $24,740.8 )
I
I
TOTAL INTEREST $8,832.60
TOTAL PR I N + INTEREST r-
7•.S3,J7.4s 4.,,) I
r
I