HomeMy WebLinkAboutA012 - Covenant Pertaining to Water Service dated March 28, 2011 S P A C E A 9 O V E R E S E R V E D F C R O F F I C I A L CJ S E
1 Descri tion:See Page 3.
Return document to:Ames City Clerk,City of Ames Iowa,515 Clark Ave.,Ames,IA 50010
Document prepared by FJ Fellmeyer,AUomey at law.P.O.Box 664 Ames.1A 50010—5 15-2324732—fjf ingerlaH!com
COVENANT PERTAINING TO WATER SERVICE
THIS COVENANT AND AGREEMENT is made effective the 2 day of
2011,by and between, ack 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:
WHEREAS,the aforesaid Owner has applied to the City for approval of a plat of survey of
an area of Real Estate described in the attached Exhibit A("the Real Estate");
WHEREAS, said Real Estate 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,Owner may desire to receive rural water service for the Real Estate being plat-
ted;
NOW,THEREFORE,the parties hereto agree that:
1. For purposes of making provisions for future city water services to the area de-
scribed above(the Real Estate),the Owner,it heirs,successors and assigns,including by way of spe-
cification, but not limitation, the future Owner 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 re-
quired to pay the rural water service,as compensation that the City is ordered to pay the rural water
service provider for 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 pro-
vider 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 an-
nexation 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 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-
ants 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.
U/12D110228041202 PASLEY & 51NGER LAW FIRM, L.L.P. BOOK 32. PAGE 1 -1
-AMES. IOWA
COVENANT PERTAINING TO WATER SERVICE Page 2
Executed by the respective signatories effective the date first above written.
1,kjo,U.—9a 1,Ale,
JACK S AFLY AS TRVJPTE UNDER THE
REVOCABLE LIVING TRUST AGREEMENT
OF FRANCES R.SAFLY DATED JANUARY
17,2006
CITY OF AMES,IOWA
Ann H.Campbell,Mayor Diane R.Voss,Clerk
STATE OF IOWA,COUNTY OF STORY,SS.: ,Q
This instrument was acknowledged before me on thel"'`day o • �Q��
by Jack S.Safly as trustee of the Revocable Living Trust Agreement of Frances R.Safly dated J ary
:s•.. Nancy A.Schroeder
State of Iowa
Notary Public
.'? Commission No.176480 /
My Commission Expires 10/1712012 G ^
IJOTAIW PUBLIC
STATE OF IOWA,COUNTY OF STORY,SS
�0
This instrument was acknowledged before me-on the day of ,2011 by
Ann H.Campbell and Diane R.Voss as mayor and clerk of the City of Ames,Iowa.
NOTARY PUBLIC
BILL L RIPPERGER
Contmf>tetan Number bras
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46549
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F.IFM2011022M202 PASLEY & SINGER LAW FIRM, L.L.P. BOOK 32 PAIG
AMES. IowA
COVENANT PERTAINING TO WATER SERVICE Page 3
EXHIBIT A
LEGAL DESCRIPTION
The legal description of the Real Estate is:
The Northwest 1/4 of the Northwest I/of Section 24,Township 83 North,Range 25
West of the 5th P.M.,Boone County,Iowa.
FJF it 201102204202 PASLEY & SINGER LAW FIRM, L.L.P BOOK_3Z PAGE_Lq_(p
Ames. IOWA