HomeMy WebLinkAboutA012 - Covenant for Assessment of Costs of Improvements dated April 8, 2003 Instrument No. 033010 ,
State of Iowa,Boone County,SS
Filed for ecord at K
This dayof 2Oa3
Sheryl J.Thul,Recorder Fees$
Number of Pages
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)
GENE HARRIS' SECOND SUBDIVISION
COVENANT FOR ASSESSMENT OF
COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT is made effective the��day of � ,2003,by
and between EUGENE B.HARRIS,his heirs,his 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 Gene Harris'Second 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 Gene Harris' Second 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 Gene Harris' Second Subdivision,
Boone County,Iowa,more specifically described as:
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That part 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 NO 1°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 N01°40'28"W 700.02 feet along the west line of Gene
Harris First Subdivision;thence N89°35'54"E 175.00 feet;thence NO 1°40'28"W 140.00 feet;
thence N89°35'54"E 305.50 feet; thence N01°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 S01°20'06"E 233.23 feet; thence .N88'35'54"E 33.00 feet; thence
S08051'36"E201.70 feet;thence S01°24'06"E 330.00 feet;thence S52°49'06"E 165.10 feet;
thence S 88°18'06"E 400.90 feet;thence N89°35'54"E 509.1.3 feet to the point of beginning,
containing 31.073 acres,with 0.18 acres subject to public road.
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 STATE OF IOWA,STOa2�
TY ss:
On this=day of � ,2003,before
me, a Notary Public in and for the State of Iowa,
B personally appeared Eugene B.Hams,to me known to
E ene B.Harris be the person named in and who executed the foregoing
instrument, and acknowledged that he executed the
same as his voluntary act and deed.
Q�� e;i .
Notary Pu lic ' and for the State of Iowa
CINDY L. HOLLAR
COMMISSION NO. 139989
owe Trio 6 pc�RES
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CITY OF AMES,IOWA STATE OF IOWA,COUNT OF �ORY,ss:
On this `�tt�� day of n ,2003,before
me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and Diane R.Voss,
?.: to me person-ally known, and,who,being by me duly
_ By; •r_ swom,did say that they are the Mayor and City Clerk,
e iayor
respectively, of the City of Ames, Iowa; that the seal
g .. .
affixed to the foregoing instrument is the corporate seal
of the corporation, and that the instrument was signed
By- `'#I� and sealed on behalf of the corporation,by authority of
4•°• I Ei�ne R.Voss, 61t 4;Clerk its City Council, as contained in Resolution No.
adopted by the City Council on the q) day of_
and that Ted Tedesco and Diane R.
Voss 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 executed.
� z
Notary Public in an for to of Iowa
APPROVED AS TO FORM
By _. Rj�DILL L. RIPPERGERJohn f COMMISSION#146549City Attorneyy COMMISSION EXPIRES 3-17-46
Harris- Covenant for Assessment of Costs of Improvements(Xenia)-020703
rev.040303
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