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Home My WebLink AboutA008 - Covenant for Construction of Sidewalks dated April 20, 1993 I 2! ji K t s' k � 1 v l _ f r� - i C •. COVENANT FOR CONSTRUCTION OF SIDEWALKS O THIS COVENANTand AGREEMENT, is made and entered into effective the ( 4k day of pri( 1995 between KENT COOPER and JOAN COOPER, husband f. ana wife, and their heirs, lienholders, successors and assigns, ('Own- Rt ers/Developers"); and THE CITY OF AMES, IOWA, ("City"), . 3 WITNESSETH: ` WHEREAS, the Owners/Developers applied to the City for approval of a , subdivision plat that pertains to: ?} Lots 1, 2, 3, 4 and 5 Coopers First Subdivision, b' c t and, Ames, Iowa F. WHEREAS, the Owners/Developers wish to defer and delay compliance with The City's requirement for construction of sidewalks as a precondition to approval of the said subdivisionplat; and. x ' WHEREAS, the City wishes to accommodate the business interests of the Owners/Developers while still, serving the public interest in requiring Own- ers/Developers to pay the cost of constructing sidewalks prior to construc- ? { tion of buildings on those lots; NOW, THEREFORE, the parties herein have agreed and do agree as follows: s 1. The Owners/Developers shall at their sole expense cause all side- ;; I walks required to be constructed as a condition for approval of the plat of the aforesaid lots to be properly constructed in accordance with the stan- 3 + M1 I dards and specifications of the City of Ames Department of Public Works, with r P A relation to each and every one of said lots. kV 2. In anticipation of the possibility that the City may at some time 'a �,v deem it to be in the public interest to cause construction of sidewalks as 1 Y public improvements by means of city awarded contracts to be paid in whole by special assessments to be levied against the properties above 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, pay- ment of the principal and interest thereon, and all costs of issuance, inter- im borrowing, legal. fees, engineering, or whatever to be included in and i fully abated by the aforesaid assessment, and as an inducement for the city to do so, the Owners/Developers covenant and agree that, by execution of this instrument, they and each of them: , k r a. Waive notice to property owners by publication and mailing as provided by Section 384.50 of the Iowa Code. xs b. Naive the right to a hearing on the making of the improvement, the e45 1Aboundaries 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 - k the Iowa Code. 529 336 BOON PAGE c. Consent to the adoption-of a preliminary resolution, a plat, sched- ule of assessments and costs estimate, and a"resolution.of necessi- ty 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 neces- sity. e". Agree that the amount and proportion of the costs 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 r the City, spread over a period of ten years at lawful and usual interest, shall constitute assessments against the property stated below and that said assessments shall be paid by the undersigned x' Owners/Developers within the time provided by law for the payment of special assessments for such improvement. f. 'Naive 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. "! g. Waive notice to property owners by publication and mailing as provided by Section 384.60 of the Iowa Code (relating to notice of " I certification to County Auditor of final schedule of assessments). h. Warrant that the real estate 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 I and designated as signatories of this Agreement. i. Agree to subordinate the sale or mortgaging of any part of the property listed below 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 par- ties 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. 1. Waive the right to request deferment for agricultural land. All of the foregoing with respect to and encumbering the first above de- scribed land. 3. This covenant and agreement shall be filed for record in the Office : of the Story County Recorder and all covenants, agreements, promises and s representations herein stated shall be deemed to be covenants running with the land and shall endure and be binding on the parties hereto, their succes- sors 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 _ 529 .337 —FAGe 4 771777 , 7 1 xtlk i t k f y i e covenants are filed as provided by law. . The City shall have the right to file a claim to continue its interest in these covenants. IFC 4. 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. \\�J•IRSTARIAN , AMES, IOWA BY BY nt CO �r 1t ooper k'V STATE Oe�-'J WA', COUNTY OF STORY �' y n°•+:,, Op this a day of Apr;) 1993, bef r me, a Not ry Publ i in and :,w.•.,, #�� for'�tory County, Iowa, personally appeared - 't o me p rson ly known, who being by me y sworn, di say that a is (� of said corporation, that the seal affixed to said in- `? I strument is the seal of said corporation, (or no seal has been procured by the said corporation), and that said instrument was signed and sealed on J behalf f said corporation by authority of its board of directors and the 1� said DF• acknowledged the execution of said instrument to 7T, bet voluntary act and deed of said corporation by it voluntarily executed. Notary PP C in and forffA � Story County, Iowa ., �DI1�L?' CoWh £ r CITYtOF AMES IOWK Attest: �! fi ' y R. urtis, Mayor Sandra Ryan, City er $DATE,OR IOWA, COUNTY OF STORY " On this day of_::fU4w_-, , 1999, before me, a Notary Public in and y for the State of Iowa, persbnally appeared Larry R. Curtis and Sandra L. ?.. 0 , 4, Ryan, to me personally known, and, who, being by me duly sworn, did say that they are the Mayor and City Clerk, respectively, of the City of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate seal of the corporation, and that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as co�ained in 4Resolution No. 93-a31 adopted by the City Council on the c99 day of z 19 , .t an at Larry R. Curtis and Sandra L. Ryan ack�nowledged the execution Y of t e instrument to be their voluntary act and deed• and the voluntary act r� and deed of the corporation, by it voluntarily executed. Notary. Public in a d f r .+ Story County, Iowa' 529 338 � ;»..e iw �.3-„4� y PAGE P.. a ,.. .__,. (4 i STATE OF IOWA ss: COUNTY OF STORY =i .. On this day of all a 1993, before me, a Notary Public ! in and for Story County, personaTly. appeared Kent Cooper, to me known to be j the person named in and who executed the foregoing instrument, and ark Tj owl— edged that he executed the same as his voluntary act and deed. r"� yam' Notary Public in and fo Story County Iowa "' ;� ,• ;,;. s^ STATE OF IOWA ss: €1 COUNTY OF STORY On this 1 7�'' day of 1993, before me, a Notary Public in and for Story County, persoally appeared Joan Cooper, to me known to be . the person named in and who executed' the foregoing instrument, and acknowl— edged that he executed the same as his voluntary act and deed. i REBECCA J.KLATi WCaaMWIONIUMM Not ry Publild in dood for j' Story County, Iowa lr/aaapMA02 2 # 'r 6? i 529 339 M PAGE-- r. s: an