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HomeMy WebLinkAboutA007 - Declaration of Covenant, Snow and Ice Removal dated December 18, 2001 02 - 0085 ° INST.NO. 1( SFI RED FOR R COR� �M � J AN 15 2002 P � nn D SU N�,��vANDE„„KA�MP.Reorder � =.FI :�r��� AUD.FFE$ � 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 Town Center, 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 Town Center 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 Eleventh Addition,Ames,Story County,Iowa;and,that the said Somerset Town Center 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 /�� , 2001. ERBEN HUNZIKER AND MARGARET HUNZIKER DEVELOPME T, L.L.C. By: De n E. Hunziker, Mkhager STATE OF IOWA, STORY COUNTY, ss: On this 1Y day of ,2001,before me,Notary Public in and for the State of Iowa, personally appeared Dean E. Hunziker, to me personally known, who being by me duly sworn did say that that person is Manager of said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Dean E.Hunziker acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. otary Mbliezin and for t�of REBECCA H.BARCLAY r Commission Number 176182 Kiy Commission Expires D &R FURMAN, L.L C. By: -Vryka"Yl, Donald M. Furman, as Co-Trustee of the Donald and Ruth Furman Revocable Trust Dated March 1, 1991, Member STATE OF IOWA, STORY COUNTY, ss: On this AL day of z A/zi ,2001,before me,Notary Public in and for the State of Iowa,personally appeared Donald M. Furman, Co-Trustee, to me personally known, who being by me duly sworn did say that that person is a Member of said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its members and the said Donald M. Furman acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by ' voluntarily executed._ rotaVub�cn an for the Stat of Iowa R. FRIED ,'0AL RE�ECCA F�.�ARCLE��� By; ,� Commission Number 176182 R and K. Friedric , Pies' ent « Commission Expires �OL7P By: Robert K Friedrich, ., Vice President STATE OF IOWA, STORY COUNTY,, ss: On this /9 day of ly�"�'- ,2001,before me,the undersigned,a Notary Public in and for the State of Iowa,personally 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, respectively, of the corporation executing with 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 such 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. otary Public in and for the S ate of Iowa PADSKRAUTMSOMERSET�ELEVENTH ADDITIMSNOWICE-TWC.DOC ^Ls REBECCA H.BARCLAY 2 x Commission Number 176182 16" M gown Commission Expires