HomeMy WebLinkAboutA013 - Covenant and Agreement for Annexation dated March 28, 2011 e
S P A C E A 9 G V E R E S E R V E D F O R O F F I C I A L U S E
Legal Description:See Page 3.
Return document to:Ames City Clerk,City of Ames,Iowa,515 Clark Ave.,Ames,IA 50010
Document prepared by,F.l FeRmeyer.Attorney at law.P.O.Box 664 Ames,lA 50010—515-232-0732—fjt nsingerlaw.com_
COVENANT AND AGREEMENT FOR ANNEXATION
TT�H COVENANT AND AGREEMENT is made effective the ;M� day of
W _,Z_ ,2010,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. 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.
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 ap-
ply in writing to the City Council requesting annexation.
6. Pursuant to provisions of Section 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 noti-
fied pursuant to Chapter 368 of the Code of Iowa at the time the Real Estate becomes contiguous to
the City.
FSFx2011022e!sW PASLEY & SINGER LAW FIRM. L.L.P. BOOK 32 PAGE 1 T7
AMES. IOWA
COVENANT FOR ANNEXATION Page 2
8. The Owner agrees that upon annexation all municipal regulations and requirements, in-
cluding but not limited to zoning, subdivision and other ordinances, shall apply to the Real 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 coven-
ants 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.
LZLI
JACK S. AFLY AS TRUSIT NDER THE
REVOCABLE LIVING TR T AGREEMENT
OF FRANCES R.SAFLY DATED JANUARY
17,2006
CITY OF AMES,IOWA ;; { a
By: .
.
Ann H.Campbell,Mayor Diane R.Voss,Clerk ,
STATE OF IOWA,COUNTY OF STORY,SS.: -3pp
This instrument was acknowledged before me on theme day o
; ncy . c roe er
:
Re ocable Living Trust Agreement of Frances R Safly January
a
State of Iowa
{{� Notary Public
commission No.176488
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TAR PUBLIC
STATE OF IOWA,COUNTY OF STORY,SS.: JVv This instrument was acknowledged before me on the oV day of_A&A, ,2011 by
Ann H.Campbell and Diane R.Voss as mayor and clerk of the City of Ames,Iowa.
Alz'DILL L,RIPPERGER
commisslon Number 146549 NOTARY PUBLIC
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RFi+2o11022509M PASLEY & SINGER LAW FIRM, L.L.P. BOOK 32- PAGE I q S
AMES. I O WA
I A
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COVENANT FOR ANNMNON 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 RK,Boone County,Iowa.
F.1FM2011071800,W FASLEY & SINGER LAW FIRM. L.L.P. BOOK PAGE_] 4
AMES. 1 OWA