HomeMy WebLinkAboutA009 - Covenants Pertaining to Water Service dated January 14, 2003 r
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STORY COUNTY,
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RETURN T01PREPARED BY: Franklin J.Fetlmeyer,618 Douglas Ave.,P.O.BOX 270,Ames,IA 50010—Telephone:515-239-5000
COVENANT PERTAINING TO WATER SERVICE
THIS AGREEMENT,made and entered into effective the L1 day of 206 ,be-
tween the City of Ames, Iowa (the City), and Edwin B. Finch and Mary E. Finch, husband and wife
(Owner),their heirs,successors,and assigns,as follows:
WHEREAS, Owner wants to receive rural water service from Xenia Rural Water District, a rural
water district existing under Chapter 357A Code of Iowa(Xenia) at the site described below that is within
two miles of the City:
Lot 1,Palensky Subdivision, Story County,Iowa.
WHEREAS,Xenia has given notice to the City of Xenia's intent to serve the aforesaid site pursu-
ant to Section 357A.2 so as to obtain a waiver of the rights of the City to provide water service to the said
site;and,
WHEREAS, Owner desires to induce the City to waive its rights to provide water service to the
said site by undertaking an obligation to pay to the City any and all amounts the City may hereafter be re-
quired to pay Xenia to serve the said site after annexation of that site to the City;
NOW,THEREFORE,in consideration of the aforesaid,the parties hereto agree that:
1. In consideration of the Waiver by the City of its right to provide water services to the area
described above,the Owner, their heirs, successors and assigns, including by way of specification but not
limitation, the owners of lots in a platted subdivision of said sites, shall be and are hereby fully bound,
jointly and severally,to pay to the City the sum of any and all amounts that the City is required to pay Xe-
nia,or it's successors and assigns, as compensation that the City is ordered to pay Xenia for losses resulting
from annexation of all or any part of the said site by the City and such amounts as the City may be required
or reasonably agree to pay Xenia as a settlement for resolution of any claims, disputes, objections,protests
or litigation related to or arising out of the City providing water service to all or any part of said site follow-
ing annexation of such land to the City.
2. This covenant and agreement shall be filed for record in the office of the Story County
Recorder and all covenants, agreements,provisions 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 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.
3. 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.
IN WITNESS OF THIS COVENANT, the Owner has executed this instrument under date of
December 2002.
EDWIN B.FINCH MARY E.F CH
X1.WITNESS OF THIS COVENANT,the City has ex ted this instrument under date of Janu-
ary�_,2003.
FJF ✓20021217113526 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,plc
Attorneys at Law•Ames,Iowa
COVENANT PERTAINING TO WATER SERVICE Page 2
CITY OF AME A
BY: BY. Urkayv Ili . ffo
Ted Tedesco,Mayor Diane R.Voss,Clerk
STATE OF IOWA,COUNTY OF STORY,ss: On December 19 ,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.
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December 4,2000044
STATE OF IOWA,COUNTY OF TORY,ss: On January (5—, 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 corporat' n, by
author'ty of its City Council, as contained in the Resolution adopted by the City Council on the ay
of , 2003, and that Ted Tedesco and Diane R. Voss acknowledged the execution bf the in-
strument to b heir voluntary act and deed and the voluntary act and deed of the corporation, by it volun-
tarily executed.
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NOTARY PUBLIC
P o' AL JILL L. RIPPERGER
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FJF N 20021217113526 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,plc
Attorneys at Law•Ames,Iowa