HomeMy WebLinkAboutA009 - Covenant for Assessment of Costs of Sidewalk Improvements dated November 9, 2003 • -Eeturn to:
JON H CHESTER p 3 - 2 3 6 9 �
54643 282M ST
AMES IA 50010 INST.NO.
STORY COUNTY,IOWA
O� FILED FOR RECORD
NOV 20 2003 u
SUSAN L. ANDE KAMP,Recorder
REC.FEE S2L-MAUD.FEES
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
PREPARED BY: JoN H.CBEsTER,54643 282-STREET,AMES,IowA 50010[PHONE: 515.597.3810]
ARMSTRONG'S FOURTH ADDITION TO AMES,STORY COUNTY,IOWA
COVENANT FOR ASSESSMENT OF
COSTS OF SIDEWALK IMPROVEMENTS
THIS COVENANT AND AGREEMENT is made effective the 9th day of November, 2003, by
and between ARMSTRONG FAMILY LIMITED PARTNERSHIP, its 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:
l. This agreement is made for the purpose of meeting the subdivision regulations and
plat approval requirements of the City with respect to Armstrong Fourth Addition to Ames, Story
County,Iowa. It is understood and agreed that sidewalks are required as a condition of approval of
the final plat of that subdivision. City may, by enacted motion of the City Council, order the
installation of those sidewalks to meet the standards of the City. The title holder of record at such
time shall install such sidewalks at it or their sole expense. The City shall have the right to bring
suit against the title holder of record for specific performance of that obligation to install sidewalks.
Additionally, or in the alternative, the City may award contracts for the construction of such
sidewalks and assess the costs to all or any part of the land included in the said 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 sidewalks by means of city awarded contracts to be paid by
special assessments to be levied against the lots in Armstrong's Fourth Addition, 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 Armstrong's Subdivision, 4th
Addition, 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,and other provisions and obligations
of this agreement, 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 challenge
validity or enforceability of this agreement; or,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 Armstrong's Subdivision,4th
Addition, Ames, Story County, Iowa,more specifically described as:
Parcel C of the south one-half of the Southeast Quarter of Section 14, Township 83
North, Range 24 West of the 5th P.M., City of Ames, Story County, Iowa, as
surveyed by Robert L. Stumbo, Jr. in December, 1999 and filed in the office of the
Story County Recorder in Slide 48, Page 1 AND a parcel described in a Warranty
Deed filed on July 21,2000 in the office of the Story County Recorder at Instrument
No.00-08187 as follows:Beginning at a point on the half section line 297 feet South
of the Northwest corner of the South Half of the Southeast Quarter of Section 14,
Township 83 North, Range 24 West of the 5th P.M., thence East 440 feet, thence
South 99 feet,thence West 440 feet,thence North 99 feet to the place of beginning;
the entire boundary is further more particularly described as follows: Commencing
at the South Quarter Corner of said Section 14; thence N00°24'38"E, 512.57 feet
long the west line of the Southeast Quarter of said Section 14;thence S89°35'22"E,
50.00 feet to a point on the easterly right of way line of U.S.Highway#69 said point
being the Southwest Corner of said Parcel C and the point of beginning; thence
N00°24'38"E, 413.81 feet along the east right of way line of U.S. Highway#69 to
the Northwest Corner of said Parcel C;thence N89°l T05"W, 50.00 feet to a point
on the west line of the Southeast Quarter of said Section 14; thence N00°24'38"E,
98.98 feet along said line; thence S89°17120"E, 439.83 feet; thence S00°23'20"W,
99.02 feet to the Northeast Corner of said Parcel C;thence S00°23'20"W,409.34 feet
to the Southeast Corner of said Parcel C said point also being on the northerly right
of way line of Crystal Street;thence N89°56'34"W,390.03 feet along said line to the
point of beginning, containing 4.68 acres which includes 0.11 acres of existing
public right of way.
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 shy
be deemed to be covenants running with the land and shall endure and be binding on the paw
hereto,their mortgagees,lien holders,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 dw
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.
P . 7-.8
Executed by the respective signatories effective the date first above written.
ARMSTRONG'S FOURTH ADDITION STATE OF IOWA,STORY COUNTY ss:
TO AMES,STORY COUNTY,IOWA On this 9th day of November ,2003,before me,
the undersigned,a Notary Public in and for the State of Iowa,
personally appeared Margaret J.Armstrong,to me personally
DEVELOPER known,who being by me duly sworn,did say that the person
is one of the partners of Armstrong Family Limited
Partnership,a partnership,and that the instrument was signed
on behalf of the partnership by authority of the partners and
the partner acknowledged the execution of the instrument to
be the vo tary act and deed of the p rshi y it and by
By: the p er v untazily exec t
Margare J. Armstrong, General Partner
VPublic in an for the tate of Iowa
i JON H. CHESTER
Iowa Notarial Seal
Commission number 701387
• My Commission Expires JANUARY 26,2006
i
I
CITY OF A ES, IOW STATE OF IQWA,COUNTY OF ST RY,s
On this / , day of 2003,
before me, a Notary Public in and for the State of Iowa,
personally appeared Ted Tedesco and Diane R.Voss,to me
personally known,and,who,being by me duly sworn,did say
B3' that they are the Mayor and City Clerk,respectively,of the
Ted Te eSCO, Mayor City of Ames, Iowa; 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
{�o /y �, � r,�/� n corporation,by authors of its City Council,as contained in
By: `^"�� I 1 V.�/_`��J Resolution No. 0 3 adoptep by the
Diane R. Voss, City Clerk Ci Council on the ° 4 - day of
'i z 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.
Notary Public in ancT for Stleof Iowa
=p11AC"P111 JILL L. RIPPERGER
COMMISSION# 146549
MY COMMISSION EXPIRES