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HomeMy WebLinkAboutA009 - Covenant for Assessment of Costs of Improvements dated April 4, 2002 RETUR14 TO: INST.NO. 2 1 71 4 9 STORY COUNTY,IOWA MARK.HARMISON FILED FOR RECORD 2042 S 500TR AVE h ivU AMES IA 50014 OCT 3® 20OZ PM d� SUSAN L VANDE KAMP,Rocordef>-%'^' Fo.FEE:I l.Co AUD.F9E$—:--- 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) WINDY 500 SUBDIVISION COVENANT FOR ASSESSMENT OF COSTS OF IMPROVEMENTS THIS COVENANT AND AGREEMENT is made effective the , day of Ap 12002, by and between MARK HARMISON and ELIZABETH HARMISON, their 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 street paving,curbs and guttering,storm sewers,water mains,sanitary sewer mains,bicycle paths, and sidewalks by means of city awarded contracts to be paid by special assessments to be levied against the lots in Windy 500 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 Windy 500 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 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 Windy 500 Subdivision,Story County, Iowa . 1 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 Mark armison Ted Tedesco,M14 ayor r �afi BY: C/j/q� R lI �� By.CA/VA�j� F El' abeth Harmison Diane R. Voss, City Clexk 3 �� , A 40- STATE OF IOWA, STORY COUNTY ss: STATE OF IOWA, COUNTY OF STORY,ss: On this 4 ' day of , 2002, On this �1''� day of kid , 2002, before me, a Notary Public in and for Story County, before me, a Notary Public in and for the State of personally appeared Mark Harmison and Elizabeth Iowa,personally appeared Ted Tedesco and Diane R. Harmison, to me known to be the persons named in Voss, to me person-ally known, and, who, being by and who executed the foregoing instrument, and me duly sworn, did say that they are the Mayor and acknowledged that they executed the same as their City Clerk, respectively, of the City of Ames, Iowa; ntary act and deed. 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 N ary Public in and for Story Coun , owa corporation, by authority of its City Council, as contained in Resolution No.W- V adopted by the �H�NE G City Council on the lay- day of , OS ••••e••• • ►�gg�O�y. ©D , and that Ted Tedesco and Diane R. N#oss ���O •� 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 • a• executed. .001 ZO�gR�NO.EP•`O /+ S Notary Public in and for Story County,Iowa a< < JILL L. RIPPERGER 0111 `� COMMISSION#146549 MY COMMISSION EXPIRES Windy 500 Covenant for Assessment of Costs of Improvements-022702 IOWA J- 2