HomeMy WebLinkAboutA043 - Termination and Release of Restrictive Covenants on Lots 2, 3, and 4, Northridge Heights 12th Addition, and Lots 1 and 2, Northridge Heights 13th Addition a �
Instrument•2011- 00005769
DateQun 23►2011 10:14:12A
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Filed for record in Story Count9l Iowa
Susan L. Vande Kama, County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Douglas R Marek,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146)
1erk,P.O.Box 811,Ames IA 50016 .
RETURN TO: FRIEDRICH IOWA REALTY 100 6TH STREET — AMES IOWA 50010 ENV
TERIVIINATION AND RELEASE OF,RESTRICTIVE COVENANTS
ON LOTS 2,3,AND 4,NORTHRIDGE HEIGHTS 12lb ADDITION,AND
LOTS 1 AND 2, NORTHRIDGE HEIGHTS 13th ADDITION TO THE CITY OF AMES
THIS AGREEMENT is made and entered into this day of ril;2011, by and
between the CITY OF AMES,IOWA(hereinafter called"City"),and R.FRIEDRICH AND SONS,
INC., CLINIC BUILDING COMPANY, INC., BBNC, L.L.C., CASEY'S MARKETING
COMPANY, and FAREWAY STORES, INC., (hereinafter referred to collectively as "Property
Owners");
WITNESSETH THAT:
WHEREAS,City and Uthe Development Company,L.L.C. ("Developer"), entered into.an
agreement dated June 10, 2008, and filed with the Story.County Recorder as Instrument 2008-
00009177,said agreement constituting a covenant with the land,binding on Developer's successors
and assigns, and placing restrictions on permitted uses in an area legally described as set out on
Attachment A(hereinafter called the"Site'); and
WHEREAS,Property Owners are successors and assigns of Developer who desire to have
the restrictions on permitted uses on the Site terminated and released; and,
WHEREAS,the City has determined that restrictions on permitted uses on the Site are no
longer consistent with the applicable zoning and land use policy plan;
NOW,THEREFORE,the City and the Property Owners agree that the restrictive covenants
previously adopted and filed with the Story County Recorder as Instrument 2008-00009177 are
hereby terminated and released. Release of the aforesaid restrictive covenants shall not waive any
other lawful restriction upon the use of the Site otherwise prohibited by the laws of the state, local
ordinances,rules,regulations, or any other laws which shall remain in full force and effect.
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IN WITNESS WHEREOF,the parties hereto have caused this instrument to be executed
effective as of the date first above written.
CITY OF AMES,IOWA STATE OF IOWA,STORY_OUNTY ss:
On this-1I-_
( day of J 2011,before me,a
Notary Public in and for the State of Iowa, personally
appeared Ann H. Campbell and Diane R Voss, to me
By: personally known, and,who,being by me duly swom,did
Ann H. Campbell, yor say that they are the Mayor and City Clerk,respectively,of
the City of Ames, Iowa; that the seal affixed to the
Attest: foregoing instrument is the corporate. seal of the
corporation,and that the instrument was signed and sealed
on behalf of the corporation, by autho ' of its ity
Council, as contained in Resolution N
^piane R.Voss City Clerk
adopted by the City Council on the dayof
r,, V U(� 20� and that Ann H.Campbell and Diane R.
;v%4,.•�.tr� t�=��'�.• u r Voss acknowledged the execution of the instrument to be
�o 1, their voluntary act and deed and the voluntary act and deed
i'd1f1.= 4 sp �'''F, of the corporation,by it voluntarily executed.
ryi'•'' `a c Y'x� , i: , La JILL L.RIPPERGER
Commission Number 14650
my cons on Expires Not Public in an or th State of Iowa
•:<:'��n fidzi,ra 4 .e���r��fi6[P 1.`s, Owp 3.. ^�.'j-..
R.FRIEDRICH AND SONS,INC. STATE OF IOW STORY UN ss:
On this 26-lay 6f 2011,before me,a
Notary Publics in and r the State of Iowa, personally
By: appeared W.S to me personally known;who
Authorized Agent being by me duly w gor affirmed did say that that person
f said limited liability company.and
that said instrument was signed on behalf of the said
limited lia il'ty cc pa b authority of its managers and
By: the s ' ( cknowledged the execution of
Authorized Agent said instrument to be the voluntary act and deed of said
limited liability company by-it v luntarily executed.
CARRIE A. IELEWT
-Commission Number 195
ow
MY res otary blic in nd for the St he of Iowa
CLINIC BUILDING COMPANY,INC. STATE OF IOWA,STORY COUNTY ss:
On this day of_ 2011,before me,a
Notary Public in and for the State of Iowa, personally
By: appeared ,to me personally known,who
Authorized Agent being by me duly sworn or affirmed did say that that person
is of said limited liability company and
that said instrument was signed on behalf of the said
limited liability company by authority of its managers and
By: the said acknowledged the execution of
Authorized Agent said instrument to be the voluntary act and deed of said
limited liability company by it voluntarily executed.
Notary Public in and for the State of Iowa
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dud or WA Bashed bitlty
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CASEY'S MARKETING coMpANY
srATEOFIOWA, COttM3,
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By: s N�7r Fublk in �Sble of t°cuti P�rsdly
,Auflsts'rlzC:t:1 e1 ' "�a w�aadsIInalfy
>a+voo.wbo b n+e duly sworn or alirtaed did Ai r
� Aaron is re5 i . ofaldy
nod Ibrt ab1 �Ltd mt behalf of
By; 1>ubawcftft �or to
Atit�Ti�riixrl:�w nc "�""' r.aa maaata f �Q kdvd .
the a�matiuoof nfd'taolrmAm{to bo dw►aluataq=sad
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STACIE L.COOKIESCommission Number 164402
My Commission EEx�ppires
A �r�l>�tsoffaws °`ND March 20, 20L
RM WAYSTORES,IYC srArsoptow ��
4 COtM y
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Notary Pubrm
CRAIG A.SHI PLEY
COUAMISSION N4.146881
hd1'CQMM15S10 EXPIRES
O O g
p�� yaf6 •
BBNC,L.L.C. STATE OF IQW*,STORY COUNTY ss:
On this�.""day of / 2� 2011.before mc,
a Notary Public in and for the State of Iowa, personally
By' appeared�Lf . C�ee v�G .to=personally
ut prized Agent known,who being by nx duly�; ITI or affirmed did say
that that person is G-"rsaid limited liability
company and that said instrument was signed on behalf of
the said limited liablli compan�t by authority of its
By: managers and The said. G �yl acknowledged
Authorized Agent the execution of said instrument to be the voluntary act and
deed of said Limited 'ability corn
executt L D.GRANDGEORGE
* COMMISSION NO.166113
MYCOMM,fSS10 EXPIRES
Notary Pu and for ih
CASEY'S MARKETING COMPANY STATE OF IOWA,STORY COUNTY ss:
On this day of 2011,before me.
a Notary Public in and for the State of Iowa, personally
By. — appeared ,to me personally
Autliprl ed -%gcij1 ]crown,who being by me duly sworn or affirmed did say
that that person is of said limited liability
company and that said instrument was sighted on behalf of
the said limited liability company by authority of its
By: _. managexa and the said a authority
of its
Authorized A L eri.t the execution of said instrument to be thed
e voluntary act and
deed of said limited liability company by it voluntarily
executed.
Notary Public in and for the State of Iowa
FAREWAY STORES, INC. Bo@rfti
STATE OF lOWA,liCOUNTY ss:
On this__U day of M A`t ,2011,before me.
a Notary Pu is in and for the Stale of Iowe, personally
By. appe—d Ue r ,to me personally
uthari�cd Agent known,who being me dul•sworn or affirmed did say
that that person is yid
company and that said instrument was signed on behalf of
the said company by authority of its
By: managers and The said I eknowledged
Authorized Agent iha execution of said instrument to be the luntary act and
deed of said "MWP410" company by it voluntarily
executed.
0
Notary Public an For e
Z Q�nt s� CRAIG A. SHEPLEY
COMMISSION NO. 146681
* * MY COMMISSIO EXPIRES
IOWA
,57 o fr
Page 9-eF3—
BAN C,L.L.C. STATE OF IOW�Y,,,STORY COUNTY ss:
On this y23 day of ri 201 1,before me,
a Notary Public in and for the State of Iowa, personally
By. appeared /30-4-1r J: C��� ,to me personally
ut orized Agent known,who being by me duly or affirmed did say
that that person is ��� L�if said limited liability
company and that said instrument was signed on behalf of
the said limited EWE compim by authority of its
BY: managers and the said e acknowledged.
Authorized Agent the execution of said instrument to be the voluntary act and
deed t f said limited ability com exec17
GfiNPIDGEORGE
O r COMMISSION NO. 166113
` * MY CommysSIO EXPIRES
.. t
Notary Pu and for th
CASEY'S 1dIARKETING COMPANY STATE OF IOWA,STORY COUNTY ss:
On this day of ,2011,before me,
a Notary Public in and for the State of Iowa, personally
BY: appeared ,to me personally
Authorized Agent known,who being by me duly sworn or affirmed did say
that that person is of said limited liability
company and that said instrument was signed on behalf of
the said limited liability company by authority of its
BY _ managers and the said acknowledged
Authorized Agent the execution of said instrument to be the voluntary act and
deed of said limited liability company by it voluntarily
executed.
Notary Public in and for the State of Iowa
FAREWAY STORES,INC. STATE OF IOWA,STORY COUNTY ss:
On this day of 2011,before me,
a Notary Public in and for the Stale of Iowa, personally
By: appeared ,to me personally
Authorized Agent known,who being by me duly sworn or affirmed did say
that that person is___ ofsmid limiter;liability
company and that said instrument was signed on behalf of
the said limited liability company by authority of its
By. managers and the said acknowledged
Authorized Agent the execution of said instrument to be the voluntary act and
deed of said limited liability company by it voluntarily
executed.
Notary Public in and for the State of Iowa
6 of�
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