HomeMy WebLinkAboutA014 - Covenant Pertaining to Water Service RETURN TO:
Mark E Gannon
3613 Stagecoach Rd _VIKInstrument:2011- 0i 0107$3
Ames IA 50010 M Cute:Dct 31,2011, 01:43:35P
C iec Fee: 10-00 E-Com Fee: i.00
G/ Aud Fee: .00 Trans Tax: .€0
Rey_ Management Fee: 1.00
Won-Standard Page Fee: .00
Filed for record in Story Countyi Iowa
Susan L. Vande Kamp► Comb Recorder
Prepared by:Mark Gannon,3613 Stagecoach Road,Ames,Iowa 50010
Return Recorded Document to:Ames City Clerk,City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010
Address Tax Statement To:
COVENANT PERTAINING TO WATER SERVICE
THIS AGREEMENT, made and entered into effective the day of-t U 20t
between the City of Ames, Iowa (hereinafter called "City"), and Mark E. and Margaret M. Gannon,
(hereinafter called"Owners"),their heirs, successors and assigns,
WITNESSES :
WHEREAS, the aforesaid Owners have applied to the City for approval of a subdivision plat of
an area of land described as follows ("the Real Estate"): Matthew's Summit Subdivision, A Subdivision
of Lots 2, 3 and Parcel E of Lot 3,Arnolds Acres, Story County, Iowa.
WHEREAS, said land 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,Owners desire to receive rural water service for the land being platted,
NOW,THEREFORE,the parties hereto agree that:
1. For purposes of making provisions for future city water services to the area described
above, (the Real Estate), the Owners, their heirs, successors and assigns, including by way of
specification but not limitation,the future owners 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 required to pay the
rural water service, as compensation that the City is ordered to pay the rural water service provider for
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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 provider 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 annexation 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 hereinstated 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 period of twenty-one 21 ears from the date of the
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recording of these covenants,unless claims to continue any interest in the covenants are filed as provided
b law. The City shall have the right to file a claim to continue its interest in these covenants.
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3. Invalidation of any of these covenants by judgment or court order shall;in'no wayaffect
any of the other provisions,which shall remain in full force and effect. .
191
Execute by the respective signatories effective the date first above written ;t ' �4�N' � .
O S CITY AMES,IOWA �� • ` ° ,
By:
Ann H. Campbell,Mayor
Attest
Diane R.Voss,City Clerk
STATE OF IOWA,STORY COUNTY ss:
Q STATE OF IOWA,STORY COUNTY ss:
On this�r day of 6 2011, before y�a,
me, Notary Public in and for the State of Iowa, personally On this�L day of ,2011, before
ap,�Aeared A me,a Notary Public in and for the Stat of Iowa,personally appeared
Ir,-�"k &'[hnem vnd /�'4Vft#" &qw)m Ann H. Campbell and Diane R. Voss,to me personally known,and,
to me known to be the persons named in-and who executed the who,being by me duly sworn,did say that they are the Mayor and City
foregoing' ent,and acknowledged that the persons executed Clerk,respectively,of the City of Ames,Iowa;that the seal affixed to
the sa e a e ersons vol tary act and deed. 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 contained in Resolution No. //•y$2,
No Public in and for the State of Iowa adopted by the City Council on the 2740' day of Sff
,20L,and that Ann H.Campbell and Diane R.Voss acknowledged
the execution of the instrument be their voluntary act and deed and
LAURIwERNER the voluntary act and deed off the corporation, by it voluntarily
my Cornn Welon E*M executed.
August 14, 2014
Notary i)ublfcC an r the State of Iowa
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