HomeMy WebLinkAboutA013 - Covenant for Assessment of Costs of Improvements dated June 25, 2002 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)
STAGECOACH SUMMIT SECOND ADDITION
COVENANT FOR ASSESSMENT OF
COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT is made effective the
day of Pine• ,2002,
by and between JESSE GOFF,his successors and assigns(hereinafter called"Developer"),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 streetpaving,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 Stagecoach Summit Second Addition,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 tuthe City,the costs of the aforesaid improvements assessed to the lots
in Stagecoach Summit Second Addition,by action of the governing body for the City,after notice of hearing
as provided by Section 3 84.50 Code of Iowa,the provisions of Section 3 84.3 8 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 of the 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 Stagecoach Summit Second Addition,
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
B ✓fig-��
y: v By:
J se Goff Date Ted Tedesco,Mayor'
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Date
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By: 17 x
Diane R. Voss, City Clerk Date Y
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STATE OF IOWA,STORY COUNTY ss: STATE OF IOWA,COUNTY OF S ORY,'ss``'
On this 4\day ofJ
Ste,2002,before me,a On this aft A-day of 2002,before
Notary Public in and for Story County, personally me,a Notary Public in and for the State of Iowa,personally
appeared Jesse Goff,to me.known to be the person named appeared Ted Tedesco and Diane R. Voss, to me
in and who executed the foregoing instrument, and person-ally known,and,who,being by me duly sworn,did
acknowledged that he executed the same as his voluntary say that they are the Mayor and City Clerk,respectively,of
act and deed. 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
Notary PubliAAn and for Story County,Iowa Council,as contained in Resolution No-&?-30,adopted by
the City Council on the o�5'`-day of � ,
Ba and that Ted Tedesco and Diane R. Voss
acknowledged the execution of the instrument to be their
CINDY L. HOL - voluntary act and deed and the voluntary act and deed of
COMMISSION N0. 139989 the corporation,by it voluntarily executed.
10 A " MY CO M1SSlON EXPIRES
v 0
Notary Public in and f r for ounty,Iowa
Stagecoach Summit Second Addition-061302 AV, a DILL L. RIPPERGER
ZCr ARA COMMISSION# 146549
* * MY COMMISSION EXPIRES
Iowa ,�-/7~lam
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