HomeMy WebLinkAboutA011 - Covenant for Assessment of Costs of Improvements dated March 28, 2011 S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U 9 E
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COVENANT FOR ASSESSMENT OF COSTS OFIMPROVEMENTS
TlilS COVENANT AND AGREEMENT is made effective the ZL�_ day of
�,G•., ,2011,by and between Jack S.Safly as Trustee under the Revocable Living Trust
Agreement of Frances R. Safly dated January 17, 2006 (hereinafter called "Owner"), their suc-
cessors and assigns, and the City of Ames, Iowa, (hereinafter called "City") upon the following
terms and conditions:
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 certain real property de-
scribed in the attached Exhibit A("Real Estate")and shall encumber 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 afore-
said improvements assessed to the Real Estate,by action of the governing body for the City,after no-
tice 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 test the
regularity of the proceedings or legality of the assessment procedure,to appeal the amount of the as-
sessment,to enjoin,set aside, overturn,or reduce the amount of such assessments levied against the
Real Estate by the City.
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 coven-
FJFM2011072MM17 PA9LEY & SINGER LAW FIRM, L.L.P. BOOT( 32 PAGE J
AME9, IOWA
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COVENANT FOR PUBLIC IMPROVEMENTS Page 2
ants 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.
JACKS SAFLY AS TRUgVt UNDER THE
REVOCABLE LIVING TRUST AGREEMENT
OF FRANCES R.SAFLY DATED JANUARY
17,2006
CITY OF AMES,IOWA
o
Ann H.Campbell,Mayor Diane R.Voss,Clerk p
STATE OF IOWA,COUNTY OF STORY,SS-
This
4
This instrument was acknowledged before me on the--:;,a day o
by Jack S.Safly as trustee of the Revocable Living Trust Agreement of Frances R.Safly dated nary
Nancy A.Schroeder
•' State of Iowa
Notary Public
Commission No.176488
My Commission Expires loll
0f 1712012
OTA PUBLIC
STATE OF IOWA,COUNTY OF STORY,SS-
"
This instrument was acknowledged before me on the 9E day of AIMC�— ,2011 by
Ann H.Campbell and Diane R.Voss as mayor and clerk of the City of Ames,Iowa.
It./
NOTARY PUBLIC
JILL L RIPPERGER
CommWen Number 146549
MYCO q 9n Fyne=
FJFM2011022WMT PASLEY & SINGER LAW FIRM, L.L.P. BOOK 32 PAGE
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COVENANT FOR PUBLIC IMPROVEMENTS Page 3
EXHIBIT A
LEGAL DESCRIPTION
The legal description of the Real Estate is
The Northwest 1/4 of the Northwest'/.of Section 24,Township 83 North,Range
25 West of the 5th P.M.,Boone County,Iowa.
FJF X 2DIt0228093817 PA5LEY & SINGER LAW FIRM, L.L.P. BOOK_32:__PAGE
Ames, IowA