HomeMy WebLinkAboutA007 - Covenant for Assessment of Costs of Improvements dated August 17, 2010, between Story County Land and City, Instrument No. 20100009733 Instrument:2010- !!0009733
M Date:Dct Dbr2010 63:21:51F
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Filed for record in hors Countyr Iowa
Susan L. Vande Kama► Comb Recorder
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
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
COVENANT FOR ASSESSMENT OF
COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT is made effective the 17th day of August, 2010, by
and between STORY COUNTY LAND, 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. This agreement is made for the purpose of meeting the subdivision regulations
and plat approval requirements of the City for approval of the plat of survey of the Real Estate.
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 street paving, curbs and guttering, storm sewers,
water mains, sanitary sewer mains, bicycle paths, and sidewalks by means of city awarded
contracts to be paid by special assessments to be levied against the Real Estate, the Owner does
hereby covenant and agree that by execution of this instrument Owner, its heirs, successors and
assigns, including purchasers of the Real Estate, and each of them, shall pay and are bound to
pay to the City, the costs of the aforesaid improvements assessed to the Real Estate, 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, 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 the Real Estate, the Owners of the Real Estate
may then appear before the governing body of the City and be heard.
4. Additionally, Owner, in consideration of the benefits derived from approval of the
said plat of the Real Estate, 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
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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 Real Estate by the City.
The foregoing provisions encumber the real estate described as follows:
LOT 1 AND OUTLOT `X', ROSE PRAIRIE, AN OFFICIAL PLAT IN STORY COUNTY,
IOWA
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 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.
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.
Executed by the respective signatories effective the date first above written.
(Signature Page Follows)
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OWNER CITY OF AMES, IOWA
� ���� cam'• �a'�
By: By:
D ug as Mc inch rustee Ann H. Campbell, Mayor
B .a k
Diane R. Voss, City Clerk
STATE OF IOW POLK C UNTY s : STATE OF IO�WA, COUNTY OF ST�OY, ss:
On this I2*day of ,2010,before On this ALL day of -�E T 2008,
me, a Notary Public in and or the,State of Iowa, before me, a Notary Public in and for the State of
personally appeared OU GSW 1minta{hFnown to be Iowa, personally appeared Ann H. Campbell and
the trustee of the named in and who Diane R. Voss, to me personally known, and, who,
executed the forego' g instrument, and being by me duly sworn, did say that they are the
acknowledged that they executed the same as their Mayor and City Clerk, respectively, of the City of
voluntary act and deed. Ames, Iowa; that the seal affixed to the foregoing
instrument is the corporate seal of the corporation,
�J and that the instrument was signed and sealed on
behalf of the corporation, by authority of its City
Notary Public in and for the State of Iowa Council, as contained in Resolution No.
adopted by the City Council on the C day of
, 2010, and that Ann H. Campbell and Diane R. (J
NITA CHELL Voss acknowledged the execution of the instrument
_ T-COmmlNlon Number 139041 to be their voluntary act and deed and the voluntary
o MYComm"On Expis act and deed of the corporation, by it voluntarily
March 27, 2013 executed. _
J y� /y�
Notary Public in and for the S I of Iowa
*0A8. JILL L.RIPPERGER
_ _Commisslon Number 14�:.`,=_
My Commiselon Expire3
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