HomeMy WebLinkAboutA008 - Covenants Regarding Special Assessments for Public Improvements dated December 19, 2002 INST.NO.03 - 0 1 6 9 6.
STORY COUNTY,IOWA
FILED FOR RECORD
�M JAN 2 8 2003
SUSS L.VA DE KAMP,Recorder
RK FE k1 -OD UD.FEE;
S P A C E A B 0 V E R E S E R V E 0 F 0 R 0 F F I C I A L U S E
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RETURNT01PREPARED BY: Franklin J.FeilmeyerAttomey at Law,618 Douglas Ave.,P.O.Box 270,Ames,[A 50010—Telephone:515-239-5000
COVENANTS REGARDING SPECIAL ASSESSMENTS
FOR PUBLIC IMPROVEMENTS
THIS IS A COVENANT AND AGREEMENT by and between Edwin B. Finch and Mary E.
Finch, husband and wife (hereinafter "Owner"), and City of Ames, Iowa, (hereinafter"City"), upon the
following terms and conditions:
1. COVENANTS BINDING ON SUBDIVISION. The following provisions shall be binding upon Palen-
sky Subdivision,Story County,Iowa.This instrument 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 par-
ties hereto,their mortgagees, lienholders, successors and assigns, for a period of twenty-one 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 a right to file a claim to continue its
interest in these covenants.
2. PURPOSE. These covenants are given and this is agreement is made for the purpose of meeting the.
subdivision regulations and plat approval requirements of the City.
3. COVENANT FOR SPECIAL ASSESSMENTS. 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, gutters,
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 Palensky Sub-
division, Story County,Iowa:
3.1. Owner does covenant and agree that by execution of this instrument Owner,their succes-
sors 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 Palen-
sky Subdivision, by action of the governing body for the City, after notice of hearing as
provided by Section 384.50 of the Code of Iowa,the provisions of Section 384.38 of the
Code of Iowa notwithstanding.
3.2. Without affecting the foregoing 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 ne-
cessity to assess public improvement costs to land referred to in this agreement,the own-
ers of such land may then appear before the governing body of the City and be heard.
3.3. Additionally, Owner, in consideration of the benefits derived from approval of the said
plat of the subdivision,receipt of which is hereby acknowledged, does covenant with the
City that they 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 for the improvements
described herein.
IN WITNESS OF THIS COVENANT, the Owner has executed this instrument under date of
December JCL,2002.
FJF N 20021217113532 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,Pic
Attorneys at Law-Ames,Iowa
COVENANTS Page 2
EDWIN B.FINCH MARY E H
WITNESS OF THIS COVENANT,the City has e uted this instrument under date of Janu-
ary 12003.
CITY OF AME A
:�
BY: BY:
Ted Tedesco,Mayor Diane R.Voss,Clerk
STATE OF IOWA,COUNTY OF STORY,ss: On December �OL ,2002, before me,the undersigned,
a Notary Public in and for said State,personally appeared Edwin B.Finch and Mary E.Finch,to me known
to be the persons named in and who executed the foregoing instrument, and acknowledged that such per-
sons executed the same as the voluntary act and deed of such persons.
HOLLY THOMPSON
Coiitmfaslom Utter 71&W "P
My:Gomrofsslon Fires LA
December 4,2004 NOTARY P IC
STATE OF IOWA,COUNTY OF STORY,ss: {On January )� , 2003, before me,the undersigned, a
Notary Public in and for said state, personally appeared Ted Tedesco and Diane R. Voss, 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 munici-
pal corporation, and that the instrument was signed and sealed on behalf of the municipal corporation by
authori of its City Council, as contained in the Resolution adopted by the City Council on the I ay
of c 2003, and that Ted Tedesco and Diane R. Voss acknowledged the execution of the in-
strument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it volun-
tarily executed.
4 A aq Dt
NOTARY PUBLIC
o OAL s� JILL L. RIPPERGER
COMMISSION#146549
MY COMMISSION EXPIRES
FJF N 20021217113532 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,Plc
Attorneys at Law•Ames,Iowa