HomeMy WebLinkAboutA011 - Covenant Pertaining to Water Service dated April 8, 2003 �e f '
Instrument No. 033011
State of Iowa,Boone ntyyLSS
Filed for Record 4#ne!
-'
This day of o 3
Sheryl J.Thul,Recorder,Fees$
Number of Pages
.�e¢Q fo-�9rnv�
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R Klaus,City ofAmes Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
COVENANT PERTAINING TO
WATER SERVICE
THIS AGREEMENT,made and entered into effective the_day of ,2003,between
the City of Ames, Iowa (the City), and Eugene B. Harris (Owner), his heirs, successors, and assigns,
hereinafter called Owners,
WITNESSES :
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 sites described below that are within
two miles of the City:
Thatpart of the South half of the Southwest quarter of Section 1,Township 83 North,Range
25 West of the 5th P.M., Boone County, Iowa, more particularly described as follows:
Commencing at the Southwest corner of said Section 1;thence N89°35'54"E 1,099.00 feet,
along the south line of the Southwest quarter of said Section 1;thence NO1°40'28"W 80.02
feet to the point of beginning of this description,which point is also on the north right-of-
way line of public highway; thence NO 1°40'28"W 700.02 feet along the west line of Gene
Harris First Subdivision;thence N89°35'54"E 175.00 feet;thenceN01°40'28"W 140.00 feet;
thence N89°35'54"E 305.50 feet; thence NO1°40'28"W 391.93 feet; thence S89°33'30"W,
along the north line of said South half of the Southwest quarter, 1,073.83 feet; thence
SO1°20'06"E (recorded as S00°00'W) 175.00 feet; thence S89°33'30"W (recorded as
N89.09 1/2'W) 90.28 feet; thence S01°35'30"E (recorded as S00°15'25"E) 178.21 feet;
thence S89°33'30"W (recorded as N89°09'30"W) 408.40 feet, to the west line of said
Section 1; thence SO1°20'06"E 233.23 feet; thence N88°35'54"E 33.00 feet; thence
S08051'36"E 201.70 feet;thence SO 1°24'06"E 330.00 feet;thence S52°49'06"E 165.10 feet;
thence S88°18'06"E 400.90 feet;thence N89°35'54"E 509.13 feet to the point ofbeginning,
containing 31.073 acres,with 0.18 acres subject to public road. .
WHEREAS, Xenia has given notice to the City of Xenia's intent to serve the aforesaid sites
pursuant to Section 357A.2 so as to obtain a waiver of the rights of the City to provide water service to the
said sites; and,
WHEREAS,Owner desires to induce the City to waive its rights to provide water service to the said
sites by undertaking an obligation to pay to the City any and all amounts the City may hereafter be required
to pay Xenia to serve the said sites after annexation of those sites 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 areas
described qSZENNE&hereto,the owner,his heirs,successors and assigns,including byway 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
Xenia, 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 sites by the-City-and-such amounts as the City may
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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 sites following annexation of such land to the City.
2. This covenant and agreement shall be filed for record in the office of the Boone County
Recorder and all covenants, agreements,promises and representations hereinstated 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.
3. Invalidation of any of these covenants by j udgment 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.
OWNER CITY OF AMES,IOWA
By: By
E ene B.Harris Date ed Tedesco,MayorPte, o
. .
Diane R.Voss, City Clerk
STATE OF low,�-�+�� COUNTY ss: STATE OF IO A,STORY COUN
On this�r day of r'; 1 , 2003, On this day of 2002J
before me, a Notary Public in and for the State of before me, a Notary Public in and for the State of
Iowa, personally appeared Eugene B. Harris, to me Iowa,personally appeared Ted Tedesco and Diane R.
known to be the person named in and who executed Voss,to me personally known,and,who,being by me
the foregoing instrument, and acknowledged that he duly sworn, did say that they are the Mayor and City
executed the same as his voluntary act and deed. Clerk, respectively, of the City of Ames, Iowa; that
the seal affixed to the foregoing instrument is the
corporate seal of the corporation; and that the
Notary Pub&in and for the State of Iowa instrument was signed and' sealed on behalf of the
corporation, by authority of its City ICfouncil, as
contained in Resolution No. ®3'' I oZ`� adgpted
CINDY L HOLLAR by the City Council on the "P" day of n I
COMMISSION NO. 139989 � 1 .and that Ted Tedesco and Diane R.
*
MYC MMISSIONIXPIRES Voss acknowledged the execution of the instrument
�owA to be their voluntary act and deed and the voluntary
act and deed of the corporation, by it voluntarily
pAC JILL L. RIPPERGER
executed.
COMMISSION#146549 Not/ary�Pub
lic inM Y COMMISSION EXPIRES and or the to of Iowa
3•!?-0
Harris-Covenant Pertaining to Water Service(Xenia)-020703 APPROVED AS TO FORM
rev.040303
sy—a&E _
or
John R.Kiaus
City Attorney
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