HomeMy WebLinkAboutA009 - Covenant Pertaining to Water Service 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)
Address Tax Statement To:City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010
RIVER RIDGE SUBDIVISION
COVENANT PERTAINING TO
WATER SERVICE p
THIS AGREEMENT,made and entered into effective the day ofu�t ,
2003,between the City of Ames,Iowa(the City),Roland Struss and Wilma Struss,title holders,and
Scott T.Blum,contract buyer,(title holders and contract buyer are hereinafter called"Developers"),
their heirs, successors and assigns,
WITNESSES :
WHEREAS, the aforesaid Developers have applied to the City for approval of a plat of
subdivision of land hereinafter described, to be called River Ridge Subdivision; and,
WHEREAS,said land is within two miles of the City, subject to the jurisdiction of the City
for subdivision plat approval and for authorization of rural water service; and,
WHEREAS,Developers desire to receive rural water service for the land being subdivided
and herein described;
NOW,THEREFORE, the parties hereto agree that:
1. For purposes ofmaking provisions for future city water services to the area described
on Exhibit A hereto,(the Real Estate),the Developers,their heirs,successors and assigns,including
by way of specification but not limitation, the future owners of the Real Estate, shall be and are
hereby fully bound,jointly and severally,to pay to the City the sum of any and all amounts that the
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City is required to pay the rural water service provider, as compensation that the City is ordered to
pay the rural water service provider for losses resulting from annexation of all or any part of the Real
Estate by the City and such amounts as the City may be required or reasonably agree to pay the rural
water service provider 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 the Real
Estate following annexation of the Real Estate 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,promises and representations hereinstated shall be deemed
to be covenants running with Real Estate and shall endure and be binding on the parties hereto,their
mortgagees,lienholders,successors and assigns,for aperiod 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 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 STATE OF IIOWA, STORY COUNTY ss:
!I 1
On this day of;T�U-'Llt ,2003,
j before me, allotary Public in and for the State of
,�t, i ! �� Iowa, personally appeared Roland Struss and Wilma
By: Struss
to me known to be the persons named in and
Roland Struss Date who executed the foregoing instrument, and
acknowledge t t they executed the same as their
voluntary a eed.
By:
Wilma Struss Date otary Public in and for the State of I a
JOHN MURRAY
Commission Plumber 718MI
My Commission Expires
September 19,2005
Page 2 of 3 Iq
By: CITY OF AMES, IOWA
Scott T. Blum t�
B
y: ...-
STATE OF IOWA, STORY COUNTY ss:
Ted Tedesco,Mayor
On this day of Wt�t*X, ,2003, f
before me, a Notary Public in and for the State of
Iowa, personally appeared Scott T. Blum to be theZr
persons named in and who executed the foregoing
insttum t, and acknowledged that they executed the Diane R. Voss, City Clerk'DateQ t{
ME—
same e' voluntary ac and deed. ° '
STATE OF 10
XA,STORY GOU TY ss:J� r '
Notary Public in an for the State Iowa On this `b day of m ,2003,
before me, a Notary Public in and tor the State of
Iowa,personally appeared Ted Tedesco and Diane R.
dOHN MURRAY Voss,to me personally known,and,who,being by me
ConunksIm Number 7100 duly sworn, did say that they are the Mayor and City
My Commission E>OW Clerk, respectively, of the City of Ames, Iowa; that
September 19,2005 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
corporation, by authority of its City Council, as
contained in Resolution No. 03 a-7-/� adopted
by the City Council on the 2LtE�'_day of LW L
- , 2003, 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.
'O- -
Notary Public in and for th tate of Iowa
�P%,AC S JILL L. RIPPERGER
River Ridge Subdivision-Covenant Pertaining to Water Service-060503 o COMMISSION#146549
MY CO MISSION EXPIRES
iowA ,g / nOL
APPROVED AS TO FORM
John R.Klaus
Page 3 of 3 City Attorney O
05/22/2003 13:15 FAX 5152334403 STUMBO 0 002
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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. 551.09 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,
198.00 feet; thence N00 417' 15"E, 131. 13 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, 228.06 feet along the east line of said Lot 9; thence
S78 '37' 16"E. 375.62 feet; thence S20028'57"W. 102.53 feet to the Northwest
Corner of Parcel H in the Southeast Quarter of the Southwest Quarter of said
Section 24: thence N89424'34"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 having a
radius of 2083.48 feet. concave to the north, and a central angle of 5 '22'30"
and being subtended by a chord which bears S78 '08'00"E, 05.39 feet; thence
S80049' 15"E tangent to said curve, 379.79 feet to the Southeast Corner of said
Parcel J; thence N0060' 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.
�I
05/22/03 THU 13:18 [T%/R% NO 55971