HomeMy WebLinkAboutA006 - Covenant Pertaining to Water Service dated August 17, 2010, between City and Canterbrooke, Instrument No. 201000009732 4(\Instrumenf:2010-
00009732
C� M Date:Oct 06P2010 07:21:0u'P
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Filed for record in Story County, Iowa
Susan L. Vande Kamp? County Recorder
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Prepared by:Bob Gibson,Civil Design Advantage 3405 SE Crossroads Drive,Grimes,IA 50111 515-3694400
Return Recorded Document to:Ames City Clerk,City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010
Address Tax Statement To: N/A
COVENANT PERTAINING TO WATER SERVICE
THIS AGREEMENT, made and entered into effective the 17th day of August , 2010, between
the City of Ames, Iowa (hereinafter called "City"), and Canterbrooke, L.L.C., (hereinafter called
"Owners"),their heirs, successors and assigns,
WITNESSES :
WHEREAS, the aforesaid Owners have applied to the City for approval of a plat of survey of an
area of land described as follows: ("the Real Estate")
LOT 1,ROSE PRAIRIE,AN OFFICIAL PLAT IN STORY COUNTY, IOWA
WHEREAS, said land is within two miles of the City, subject to the jurisdiction of the City for
plat approval and for authorization of rural water service; and,
WHEREAS,Owners desire to receive rural water service for the land being platted,
NOW,THEREFORE,the parties hereto agree that:
1. For purposes of making provisions for future city water services to the area described
above, (the Real Estate), the Owners, 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 City is required to pay the
rural water service, as compensation that the City is ordered to pay the rural water service provider for
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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 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.
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.
(Signature Page Follows)
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OWN CITY OF ES,IOWA ,
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By:
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Ann H. Campbell, Mayor
Attest
Diane R. Voss, City Clerk
STATE OF IOWA,STORY COUNTY ss:
STATE OF IOWA,STORY COUNTY ss:
On this f_fj day of S ,2010, before o�
me, Notary Public in and for the Stat of Iowa, personally
On this day of 5C 2010, before
appeared me,a Notary Public in and for the State f Iowa,personally appeared
Ann H. Campbell and Diane R. Voss,to me personally known,and,
to me known to be the persons
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named i and who executed the who,being by me duly sworn,did say that they are the Mayor and City
foregoing instrument,and acknowledged that the persons executed Clerk,respectively,of the City of Ames,Iowa;that the seal affixed to
the same as the W s oluntary ac nd dee 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.
Notary Public in and for the State of Iowa adopted by the City Council on the b/a`g'9 day of 5 C
204a,and that Ann H.Campbell and Diane R.Voss acknowledged
a the execution of the instrument to be their voluntary act and deed and
KURTIS R.RUTLEDGE
the voluntary act and deed of the corporation, by it voluntarily
_ Cornmbsion Number 740963 executed.
My Commission Expires
ow h5-so , bt 1 -I- -
Notary Public in and for thesfate of ibwa
DILL L.RIPPERGER
z�a • Commission Number
MYCmuossion Exr r�
Apar
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