HomeMy WebLinkAboutA008 - Covenant for Assessment of Costs of Improvements dated July 8, 2003 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)
RIVER RIDGE SUBDIVISION
COVENANT FOR ASSESSMENT OF
COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT is made effective the J:t day of -J U-1 ,2003,by
and between ROLAND STRUSS and WILMA STRUSS,title holders,and SCOTT T.BLUME,contract
buyer(contract buyer and titleholders are hereinafter called"Developers"),their successors and assigns,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 for approval of the plat of River Ridge Subdivision.
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 streetpaving,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 real estate described on Exhibit"A",attached hereto,("the Real Estate"),Developer does
hereby covenant and agree that by execution of this instrument Developer, its successors and assigns,
including purchasers of the Real Estate, and each of them, shall pay and are bound to pay to the City, the
costs of the aforesaid improvements assessed to the Real Estate,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 the Real Estate,the owners of the Real Estate 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 survey of the Real Estate,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 Real Estate by the City.
The foregoing provisions encumber the real estate described on Exhibit"A",attached hereto,("the
Real Estate").
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5. This covenant and agreement 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 Real Estate 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.
DEVELOPERS CITY OF AMES,IOW
By: 3 Y
Roland Struss Ted Tedesco Mayor
By:
Wilma Struss Diane R. Voss City e Cle* , yip
`*.�' L r
.
y f:
By.
� 3FY
Scott T.Blum
P
STATE OF IOWA,STORY COUNTY ss: STATE OF IOW_A,COUNTY OF ST RY,ss:
On this day o ...v% ,2003,before me, On this �"� ' day of TL !W , 2003,
a Notary Public in and for the State of Iowa, personally before me, a Notary Public in and for he State of
Z appeared Roland Struss and Wilma Struss,to me known to Iowa,personally appeared Ted Tedesco and Diane R.
be the persons named in and who executed the foregoing Voss,to me personally known,and,who,being by me
instrument, and acknowledged that they executed the same duly sworn, did say that they are the Mayor and City
as their volu 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 Public in and for the State o7Ia instrument was signed and sealed on behalf of the
corporation, by authority of itsity Council, as
contained in Resolution-NO��_ ad�te�d by the
STATE OF IOWA,STORY COUNTY ss: City Council on the day of ,
On this If4_day of ,2003,before and that Ted Tedesco and Diane R.1 Voss
me, a Notary Public in and for the State of Iowa, acknowledged the execution of the instrument to be
personally appeared Scott T. Blum, to me known to their voluntary act and deed and the voluntary act and
w be the person named in and who executed the deed of the corporation,by it voluntarily executed.
foregoing instrument, and acknowledged that he
_g E execute same as his voluntary act and deed. lei /•
OAS S ' Notary Public in and for the St e of Iowa
E
c`3 Notary Public in and for State of Iowa 1PI
JILL L. RIPPERGER
oCOMMISSION#146549I IMy COMMISSION EXPIRES�o -U/
River Ridge Subdivision-Struss and Blum Covenant for Assessment of Costs-060603
APPROVED AS TO RM
2 BY
John R.Klaus
City Attorney
05/22/;003 13:15 FAX 5152334403 STLT14B0 Q002
v
SURVEY DESCRIPTION:
Parcel J and part of Lots 1. 3, 4, and 5 of the Subdivision of the North
one—half of the Southwest Quarter all in Section 23, Township 84 North,
Range 24 West of the 5th P.M.. Story County, Iowa more particularly
described as follows: Beginning at the Northeast Corner of said Parcel J
said point also being the Northeast Corner of the Southeast Quarter of the
Southwest Quarter of said Section 24. thence N00 '13'20"E. 651.09 feet
to the Northwest Corner of Lot 3 of the Auditor's Plat of Skycrest Fourth
Subdivision, Story County, Iowa; thence N00'17' 15"E. 406.91 feet along
the west line of Lot 2 of Skycrest Fourth Subdivision; thence S88 '26'38"w 19 ,8.00 feet; thence N00 '17' 15"E, 131. 2 feet; thence S55 '09'25"w, 1393.01
feet to the Southeast Corner of the North 4 Acres of Lot 9 of the Subdivision
of the Northwest Quarter of the Southwest Quarter and the East one—half of
the Southwest Quarter of the Southwest Quarter of said Section 24; thence
S00001'22'"W, 298.06 feet along the east line of said Lot 9; thence
S78 '37' 16"E. 375.62 feet. thence S20 '28'57"W, 102.53 feet to the Northwest
Corner of Parcel H in the Southeast Quarter of the Southwest Quarter of said
Section 24; thence N89024'34"E, 434.83 feet to the Northwest Corner of said
Parcel J: thence S00 '01 '02-W. 551.20 feet to the Southwest Corner of said
Parcel J said point being on the centerline of West Riverside Road and the
beginning of a curve; thence easterly. 195.46 feet along said curve aving a
h radius of 2083.48 feet, concave to the north, and a central angle of 5 '22'30"
and being subtended by a chard which bears S78 '08'00"E. 195.39 feet; thence
S80 '49' 0"E tangent to said curve, 379.79 feet to the Southeast Corner of said
Parcel J; thence N00 '15' 19"E, 657.83 feet to the point of beginning, containing
32.38 acres which includes 0.79 acres of existing public right of way.
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05/22/03 THU 13:18 [T%/R% NO 55971