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Home My WebLink AboutA010 - Covenant and Agreement for Annexation dated August 17, 2010, between Canterbrooke and City, Instrument No. 201000009736 //1011- Instrument:2010- 00009736 N Date:Drt 06►2010 (13:24:26P D Rer Fee: 20.00 E-Com Fee: 3,00 C Aud Fee: .00 Trans Tax: .00 Rer Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story Count9i Iowa Susan L. Vande Kampf County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER O Prepared by:Bob Gibson Civil Design Advantage 3405 SE Crossroads Drive,Grimes,IA 50111 515-369-4400 Recorded Document to: Ames City Clerk,City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010 S o COVENANT AND AGREEMENT FOR ANNEXATION H THIS COVENANT AND AGREEMENT is made effective the 17'h day of August, 2010, by and between CANTERBROOKE, L.L.C. (hereinafter called "Owner"), 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. Owner is the legal owner of record of Real Estate, the legal description of which is set forth in Exhibit "A" attached hereto, and by this express reference made a part hereof. As of the date of this Agreement, said Real Estate is not contiguous to the corporate city limits of the City of Ames, and is generally described as shown on Exhibit"A", attached hereto. This agreement is made for the purpose of facilitating waiver of the City's subdivision standards for property within two miles of the Ames City Limits. 2. Real Estate constitutes territory which may be annexed to the City of Ames as provided in Chapter 368 of the Code of Iowa. 3. Owner agrees to have the Real Estate annexed to the City of Ames, Iowa, upon certain terms and conditions as hereinafter set forth in the event the said Real Estate becomes contiguous to the City. 4. At the time the Real Estate becomes contiguous to the City, the City Council may, after due and careful consideration, conclude that the annexation of said real estate to the City on the terms and conditioned hereinafter set forth would further the growth of the City, would provide the harmonious development of the City, would enable the City to control the development of the area and would serve the best interests of the City. 5. At any time after the Real Estate becomes contiguous to the City, the City Council may notify Owner of the City's desire to annex Real Estate. Upon such notification, Owner agrees to apply in writing to the City Council requesting annexation. 6. Pursuant to provisions of Chapter 368.7(e) of the Code of Iowa, the Owner waives the right to withdraw their application for annexation or their consent to annexation after the time that the Real Estate becomes contiguous to the City. 7. Notice of the proposed annexation shall be given to the parties legally required to be notified pursuant to Chapter 368 of the Code of Iowa at the time the Real Estate becomes contiguous to the City. 8. The Owner agrees that upon annexation all municipal regulations and requirements, including but not limited to zoning, subdivision and other ordinances, shall apply to the Real Estate, and the City shall have full jurisdiction over the Real Estate for the purpose of enforcing its codes presently in existence and as may be amended in the future. 9. 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. 10. This agreement shall be enforceable in any court of competent jurisdiction by any of the parties hereto by any appropriate action at law or in equity to secure the performance of the covenants herein contained. 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. (Signature Page Follows) I� � OWNER CITY OF AMES,IOWA By: By: - CA ,,{e,-"ke, [.0 Ann Campbel ayo'/I(tt By: \� S By: ✓�GV�'W Diane R. Voss, City Clerk ., STATE OF IOWA,STORY C UNTY ss: STATE OF IO�V{j,COUNTY OF STOR ,ss: r;' On this ' day of 2010,before me, On this d!L )) day of . 2010,before mega a NotnaIry� Public in and for the Stat of Iowa,personally appeared Notary Public in and for the State Iowa, personally appeared �►SS�\co me known to be the ��t.enf Ann H. Campbell and Diane R. Voss, to me personally known, named in and who executed the foregoing instrument, and and,who,being by me duly swom,did say that they are the Mayor acknowledged that they executed th me as their voluntary act and City Clerk,respectively,of the City of Ames, Iowa;that the and deed. 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 authori of its City Council, as Notary Public in and for the State of Iowa contained in Reso n No. Q— adopted by the City Council on the day of . ,2008,and that Ann H. Campbell and Diane R. Voss acknowledged the execution of the ei% KURTIS R.RUTLEDGE instrument to be their voluntary act and deed and the voluntary act ,Commission Number 740963 Mill . My Commsslon Expires and deed of the corporation,by it voluntarily executed. O"s— Notary Public in and for the State of Iowa �pP JILL L•RIPPERGER a Comrnisslon Number 146565 o MY -.>-1_T'/,2-Expires EXHIBIT A LOT 1, ROSE PRAIRIE, AN OFFICIAL PLAT IN STORY COUNTY, IOWA