HomeMy WebLinkAboutA018 - Covenant for Assessment of Costs of Improvements dated January 22, 2002 INST.NO. uNT`(�IOWA
STORY cO I3
FILED FOR RECORD
J AN 2 5 2002 P °
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus City of Ames Legal Department 515 Clark Avenue Ames Iowa 50010(Phone: 515-239-5146)
CAMERON PINES ESTATES SUBDIVISION
COVENANT FOR ASSESSMENT OF
COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT is made effective the day of Q Ul 2002,by
and between REBECCA S.MCMILLEN,her successors and assigns(hereinafter called" eloper"),and
THE CITY OF AMES,IOWA, (hereinafter called"City").
WITNESSETH THAT:
The parties hereto have agreed and do agree as follows:
1. This agreement is made for the purpose of meeting the subdivision regulations and plat
approval requirements of the City.
2. In anticipation of the possibility that the City may at some time deem it to be in the public
interest to cause construction of street paving,curbs and guttering,sewer service,water mains,sanitary sewer
mains,and sidewalks by means of city awarded contracts to be paid by special assessments to be levied against
the lots in Cameron Pines Estates Subdivision,Developer does hereby covenant and agree that by execution of
this instrument Developer,its successors and assigns,including purchasers of lots,and each of them,shall pay
and are bound to pay to the City,the costs of the aforesaid improvements assessed to the lots in Cameron Pines
Estates Subdivision, by action of the governing body for the City, after notice of hearing as provided by
Section 384.50 Code of Iowa,the provisions of Section 384.38 Code of Iowa notwithstanding.
3. Without affecting the forgoing waivers of rights,it is understood and agreed that if and when
the governing body of the City conducts a hearing on a proposed resolution of necessity to assess public
improvement costs to land referred to in this agreement,the owners of such land may then appear before the
governing body of the City and be heard.
4. Additionally,Developer,in consideration of the benefits derived from approval ofthe said plat
of subdivision,receipt of which is hereby acknowledged,does covenant with the City that it will never,at any
future time, sue the City, or any officer or employee of the City, to test the regularity of the proceedings or
legality of the assessment procedure,to appeal the amount of the assessment,to enjoin,set aside,overturn,or
reduce the amount of such assessments levied against the said land by the City.
The foregoing provisions encumber the land that is platted as Cameron Pines Estates Subdivision,
Story County,Iowa.
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5. This covenant and agreement shall be filed for record in the office of the Story County
Recorder and all covenants, agreements, promises and representations herein stated shall be deemed to be
covenants running with the land and shall endure and be binding on the parties hereto, their mortgagees,
lienholders, successors 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 covenants are filed as provided by law. The City
shall have the right to file a claim to continue its interest in these covenants.
6. Invalidation of any of these covenants by judgment or court order shall in no way affect any of
the other provisions,which shall remain in full force and effect.
Executed by the respective signatories effective the date first above written.
DEVELOPER CITY OF AMES,IOWA
t�1 yuu�� y, aX�'+�•,�,�3�' � x 'r�ka�',-:� ��r''4'.
By• �Q2�CA �7"lc/''��C.'`"`'" BY:
Rebecca S. McMillen Date Ted Tedesco,Mayor Date " p
Diane R. Voss, City:,,Clerl ;xDate
STATE OF IOWA, STO Y COUNTY ss: STATE OF IOWA,COUNTY OF STORY,ss: a ppa
On this /7'�' day of ,20 W- , On this c: cN day of 1998,
before me, a Notary Public in and for Story before me,a Notary Public in and r the Iowa,
County, personally appeared Rebecca S. personally appeared Ted Tedesco and Diane R.Voss,
McMillen,to me known to be the person named in to me person-ally known, and,who,being by me duly
and who executed the foregoing instrument, and sworn,did say that they are the Mayor and City Clerk,
acknowledged that she executed the same as her respectively, of the City of Ames, Iowa; that the seal
voluntary act and deed. 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 contained in Resolution No. 61A-0111i
"Notary Public in and for Story County,Iowa adopted by the City Council on the oA9 td day of
JdA aOQ-:k, and that Ted Tedesco and Diane R.
'Voss acknowledged the execution of the instrument to
^�o REBECCA H,BARCLAY be their voluntary act and deed and the voluntary act
1 Commission Number 176182
missioq Expires and deed of the corporation,by it voluntarily executed.
My,�om
OWN y-a7 dCV3
_.,.._ /�✓l.[-�✓L Notary
Public in and for Story County,Iowa
COVENANT FOR ASSESSMENT OF COSTS OF IMPROVEMENTS 011002.WPD
ogaAL� KAREN C.THOMPSON
COMMISSION#177422
MY COM ISSI N EXPIRES
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