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Home My WebLink AboutA013 - Termination and Release of Covenants dated June 14, 2011 %I In tr a :� - 00005769 � um_nt ..011 f Qate:Jun 23r2011 10:14:42A D Rec Fee: 30.00 E-Com Fee: 3.00 Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Stops County? Iowa Susan L. Vande Kampt 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) lerk,P.O.Box 811,Ames IA 50010 . RETURN TO: FRIEDRICH IOWA REALTY — 100 6TH STREET — AMES IOWA 50010 ENV TERMINATION AND RELEASE OF.RESTRICTIVE COVENANTS ON LOTS 2,3,AND 4,NORTHRIDGE HEIGHTS 12''ADDITION,AND LOTS 1 AND 2, NORTHRIDGE HEIGHTS 13`h ADDITION TO THE CITY OF AMES THIS AGREEMENT is made and entered into this �� day of 61,2011, 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. f' Page 1 off' a = 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_QOUNTY ss: On this A—day of J LJ,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 sworn,did Ann H. Campbell, NAyor 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 �— Diane R. Voss, City Clerk adopted by the City Council-on the day of y 20 anCampbell, d that Ann H. and Diane R. , 4 y M Voss acknowledged the execution of the instrument to be 3 g their voluntary act and deed and the voluntary act and deed �'R, of the corporation,by it voluntarily executed. Le JILL L.RIPPERGER Commlttslon Number 146549 any Com Ion ExplraO Notary Public in an or th State of Iowa ' ..aev._jyt s [ }1$ s•ftai�{t _ Ow* �' ^/1'�.'Z•.. R.FRIEDRICH AND SONS,INC. STATE OF IOW STORY UN ss. s On this 204ay of 2011,before me,a X""-74 Notary Puuyblic in annd r the State of Iowa, personally By: • appearedT�W1• to me personally known;who Authorized Agent being by me d ly w or affirmed did say that that person .,� - f said limited liability company.and that said instrument was signed on behalf of the said limited lia irty co pa Y 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 b it v luntarily executed. o�-014L00 CARRIE A.THIELE ' _ Commission Number 195 ' My re3 otary blic in Fd for the St a of Iowa ow 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 Page 2 of IN W'MSS WHEREOF,die parties hereto have caused this instrument to be executed effcctivc as of the date first above written, CITY OF AMES,IOWA STATti of IOWA,STORY COUNTY ar: On tbir day of 20,1.belbre n�a Notiry Public in ead fur*a stale of loan, pens rA y BY: appmmd Ann A. C"bell 8nd Dhne R. Voss to me Ann H.Campbell, Mayor Peeeaalljy bmwe4-4 who.bdryg by me dull'nw*M did say 001 Ihey In the Mayor and City Clerk n'�ortivety of Attest: the City of Ames, iawo; that Vw and ■ffiiaed to the bsolns instmntent is the mate se.l of the aad'hat the imMUtnent wes eland and sealed by: on behalr of the eowmticn, by aothtt* of 116 City Diana R.Voss,City Clerk Coundi,as e0'nahwd in Reaolntion No.�� adopted by.the Cite Catotdl an thee_day of,� .2Q_,aad that Ann A.C-gbcll and Diane IL VMS-Imai'tedr d the atleeotioo of the Inanap ll to be their Wuruary act and deed and the vohMMy get and deed aflhe cotpar Bork by it voluntarily executed. Notary Pablie in and for iho Staoe of town R FRIEDRICH&ND SUNS,INC, STATE OF tow STORY , U! sa: Y: on thin r • of 20 bervne toe. 9 r Noisy Pabli fa nnd� the Stare of tenva, pvsott8ly .Authorize Agl911t b p`b¢ to nalmse�l,blown,who 8 Y araffAyl� n (said IWtod lisbiiity con4my nod that said ittrtmsaetlt was April on bthalP of the card BY. lht9d lab y atfrity of its pad the cL•nowledpd the examBeo ar Authorized Agent Wd hWkMt,mt to be the va If nd d0ed of said limited H"1 t7' CMWPMy by i1 ti Itmtarlly etegtled. CAMEkTHIBLI5 Cntluttbdo�Hantlmr!93 ^ t blY taryPt lie la d Far the St a oflowa CA�!—, DIN COMPANY, STATE OF lOW&STORY CO NTy as On this 52,f dey of 2011.betbre me,, Notary Pubic Inanfar the State of lots, Venfatdly Autho INC,ent avpeand�10 m Veil adly knowN who A$ being by the duly swam ar aeitmed&d ssy that that Pe+saa Is See ► i r¢r�ofaeid limbed]iabft eoopmy and "AL said lwdtt nml wa, ligned on behalf OF the raid �y, tlewe Itndted tiebilily Carly by aotbonly of its oon�and the sr[d-Za1+' "s�aICIPwledied the talaaltiaA Of uthorlZe Agent said mslffllmml b be the troittntrry pet and deed or ssd limited liebtlity ccCwWww by it valualway t:acwIO. 3�T 6 No'aryPubileinaedforlheS'ataoffams f(o LINDA D DONOHUE i .. Commission Number 741437 My Commission Expires r t a BBNC,L.L.C. StATEdP r w �},=kV CO11N Ty It.. oathls day .-r/ zol 1.bdf". 8Y a Halmy PubEc is and far a sdstn atTD ,petioo IY u orizeti A ent $ rmowt*to bead by me dulY,�an of a riowd did+iY Ital dal peaop��$�f said raaitod N�bl[l� �P�Y aad(ha a9d wras ut�ed oa btMlf nr BY s 0 old )-ilA ltabd' aomP=. Au by �b or Its �`Mwad%o eatd . Or1aCd Agcni the atsutrao ohdd °d mat to bd Mevoinntap ad dose or raid Roil cd blti►y ex= Q.C�RRNQGEORt�E t" CO&RY{ls9hi ti0.186113 t�ataryt? and lbr zb -' -� CASEY'S.MARKETING COAVANY 8rwteoP1 COUNTY � oa�ta IS B a Noty Pubga;e p,d s5ts of taaa�penoadry .AutlllmY.Cti•NsLn( -aim"awM so n"perAmalty bom4 ; raorw oc alrmmil did air ��aontonia Yes . orttild� I rwod tttatald tatann�wat dD"ma babalfof By; 16.aatd li p&Aww or h AZI011; c1 Au+ni "P1i°�'•aa maaara i lba rsmtHan of and tact+ aeol m bo the VgVaU r ex aad died or and ° b """I a STAGE L.COOMES $`� Commission Number 164402 My Commission Exp-lres Nv4a5 micla rar the State of taws OW D' March 20, 20 FAREWAY STORL%INC. srwrEOP IOW& cOUN'ry,e oapeaAL—drypIr MR_% J1M1.berbreme, By, a NmaY F tc In and`I the siata or 741 pftM=qY thcri2ccl r�gciu �ho MR P Y tmoplu ow tbusdd itotry_ t l,w�y�4ed on bdwar Bye . lho sad rowp2wby naAodty of iW .Autlionre' A ttt nwnagen and thesa+a , elatowledstd Sa &Loam�4nnofwdraahumattiebelha twYqMEsnd dad of n1d 1!llW oaa"by It+rotor ,mV rxoo�ted. No""Pabrm rar o s otto�4 CRAIG A.511EPLEY COMMISSION No.146881 MY COMMISSIC E XPMES PeaP XIePv Y 0 f 6 y ' � v BBNC,L.L.C. STATE OF IQ �,STORY COUNTY ss: On this�. day of ,�:1 2011.before me, a Notary Public in and for the State of Iowa, personally BY appeared 4a-e f S: C to me personally ttt prized Agent known,who being by me dulyom or aflitmed did say that Ihetperson is fsaid limited liability company and that said instrument was signed on behalf of the said limited liabili compam by authority of its By: managers and the said 4y/ acknowledged Authorized Agent the execution of said instrument to be the voluntary act and deed*saidited 'ability com execu � D.GRANDGEORGE COMMISSION NO.166113 MY COMMJSSIO EXPIRES u and for the CASEWS MARKETING COMPANY STATE OFIOWA,STORY COUNTYss: On this day of ,24l I,before me, a Notary Public in and for the State of Iowa,personally By: — appeared ,to me personally /1utl,�lrizeti 1g�r.1 known,who being by me duly SWOm or afImned did say that that person is of said limited liability company and that said instrument was signed an behalf of the said limited liability company by authority of its By: managers and the said acknowledged rlutitOrl7.ed A ft('nl 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. �@A* + STATE OF iOWA, COUNTY ss: On this•_j,day of_J!18�— 2011,before me, a Notary Pu is in and for the Stale of Iowa, personally By _ appeared L-7 {e ,to me personally r tIiorized'�gCttt known,who being me dul•swom or affirmed did say that that person is sid company and that said instrument was signed an behalf of the said tm t y compan r by authority of its By managers and the said cknowledged Authorized Agent the execution of said instrument to be the luntary act and deed of said company by it voluntarily executed. Notary Public b(an%for a Z�p%OAt 8r CRAIG A. SHEPLEY COMMISSION NO. 146681 * MY COMMISSIO EXPIRES IOWA �• Page S®F�— BBNC, L.L.C. STATE OF IOWA,STORY COUNTY ss: On this v73 e�day of rt l 2011,before me, a Notary Public in and for the State of Iowa, personally By: appeared 7(-S t!4�5 ,to me personally Authorized Agent known,who being by me duly wom or affirmed did say that that person is /�� f 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 ti acknowledged Authorized Agent the execution of said instrument to be the voluntary act and deed of said limited ability co RANDGEORGE eXOCllt M-9117D 00 N NO. 166113 EXPIRES Notary Pu ' . and for th 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 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 State of Iowa, personally By: appeared I ,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 6 of� Page