HomeMy WebLinkAboutA006 - Covenant for Assessment of Costs of Improvements dated November 25, 2002 10 M-W U:3 V I_n 1p
, . 02- 20304
INST.NO.
QRETURN TO: STORY COUNTY,IOWA
FILED FOR RECORD V
AMES CITY CLERK �\ -AM DEC 1 g 2002
Box 811 G
AMES IOWA 50010 SUSAN L VAND6 KAMP,RewderS P— i--
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)
Instrument No. 03023-3
WESTWOOD PLAT 3 State of iovva, Boone County SS
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I for i-iacord at f. M. 3
COVENANT FOR ASSESSMENT OF Thjs.J_0_day oT��.o0 s
COSTS OF IMPROVEMENTS Nu Slh
r� r of Pe��scardera9LFees$ � Cle.
THIS COVENANT AND AGREEMENT is made effective the 25th day of November, 2002, by and
between LEON J. WUEBKER and LINDA C. WUEBKER, 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 Westwood Plat 3,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
Westwood Subdivision, Plat 3, 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 Westwood Plat 3,Boone County;Iowa.
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5. This covenant and agreement shall be filed for record in the office of the Boone 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 ANIES,IOWA
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Leon J. ebker Ae ,co,Mayor V,
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BA"a-A— By L�l/� K '�' r i 'H
Linda C. Wuebker Diane R. Voss, City-"
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STATE OF IOWA, S10f Y COUNTY ss: STATE OF IOWA, COUNTY OF STORY,ss:
On this A' day of / _,2002,.before On this f0''" day of /Jp_owi�xtA/ , 2002,
me, a Notary Public in and for Story County, before me, a Notary Public in and for the State of
personally appeared Leon J. Wuebker and Linda C. Iowa,personally appeared Ted Tedesco and Diane R.
Wuebker, 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 exec ted the same as their City Clerk, respectively, of the City of Ames, Iowa;
voluntary 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
Notary P bli in and for Story C ty,Iowa corporation, by authority of its City Council, as
contained in Resolution No.,02 kl adopted by the
City Council on the I& day of- 4g_:*n /
260.., and that Ted Tedesco and Diane R. Voss
PEAL IKII CRAIG R. HASTINGS acknowledged the execution of the instrument to be
oCOMMISSION NO. 139821 their voluntary act and deed and the voluntary act and
MY COMMISSION EXPIRES deed of the corporation,by it voluntarily executed.
Iowa JUNE 26 2004
Notary Public in and for Story C arty,Iowa
�PS%AL JILL L. RIPPERGERCOMMISSION#1465499Westwood Plat 3 Covenant for Assessment of Costs of Improvements-102502 ;A&]0_7
,� MY COMMISSION EXPIRES
f�wA 347-03
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