HomeMy WebLinkAboutA009 - Covenant and Agreement for Annexation dated August 17, 2010, between Story County Land and City, Instrument No. 201000009735 7.
.N.. Instrument:2010- 00009735
N h1 DDate:Oct 06201(1 017:2 :3LP
D Rey_ Fee: 20-00 E-Com Fee: 3.00
zz y
Aud Fee: .00 Trans Tax: .00
P Rer Management Fee: 1.00
Non-Standard Page Fee: .00
1 Filed for record in Story County? Iowa
Susan L. VQnde Kamp? County Recorder
H
G�
a
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 AND AGREEMENT FOR ANNEXATION
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. 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.
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,
includingbut not limited to zoning, subdivision and other ordinances, shall apply to the Real
II, rr Y
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)
I9°
OWNER CITY OF AMES, IOWA
c
:B ✓ By: ��ytilti V6'• ela�A44_d
Y
ougla c c Manager Ann H. Campbell, Mayor
By: By:
Diane R. Voss, City Clerk
STATE OF IOAA,POLK�OUNTY ss• STATE OF COUNTY 9F ST RY,ss:
On this �da of L S 2010,before me, On this da of 2010,before me,a
IaI Notary Public i and for the to of Iowa,personally appeared Notary Public in and for the StaM of Iowa, personally appeared
me known to be the AADA06W Ann H. Campbell and Diane R. Voss, to me personally known,
amed in and who executed the foregoing instrument, and and,who,being by me duly sworn,did say that they are the Mayor
acknowledged that they executed the same 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 authority of its City Council, as
Notary Public in and for the State of Iowa contained in Resolution No. adopted by the City
Council on the 20 day of 1TV.,2008,and that Ann H.
Campbell and Diane R. Voss ackno ledged the execution of the
Ej,
NITA MITCHELL instrument to be their voluntary act and deed and the voluntary act
CommissionNumber 139041 and deed of the corporation,by it voluntarily executed.
My Commission E*kft
w► March 27, 2013
Notary Public in and for the State of Iowa
:q-_TJILL L RIPPERGER
k Comn*WW Number 146549
My90nN WWW Expires
Pc� 3
EXHIBIT A
LOT I AND OUTLOT `X', ROSE PRAIRIE, AN OFFICIAL PLAT IN
STORY COUNTY, IOWA
�g- _I