HomeMy WebLinkAboutA016 - Covenant for Assessment of Costs of Improvements r
• RETURN TO:
Mark E Gannon
3613 Stagecoach Rd Instrument:2011- 00010785
Ames IA 50010 M Date:Oct 3172011 01:44:4F'4
D Rey_ Fee: 10.00 E-Com Fee: 1.►0
Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story County, Iowa
Susan L. Vande Kamp► County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Mark E.Gannon,3613 Stagecoach Road,Ames,Iowa 50010
Recorded Document to: Ames City Clerk,City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010
COVENANT FOR ASSESSMENT OF
COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT is made effective the Z day of
Wt-
2011, by and between Mark E. and Margaret M. Gannon (hereinafter called the Owner), their
successors and assigns, and THE CITY OF AMES,IOWA, (hereinafter called the City).
WITNESSETH THAT :
The parties hereto have agreed and do agree as follows:
1. This agreement is made for the purpose of meeting the subdivision regulations
and plat approval requirements of the City for approval of the subdivision plat of 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 aforesaid improvements assessed to the Real Estate, by action of
the governing body for the City, after notice 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
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test the regularity of the proceedings or legality of the assessment procedure, to appeal the
amount of the assessment, to enjoin, set aside, overturn, or reduce the amount of such
assessments levied against the Real Estate by the City.
The foregoing provisions encumber the real estate described as follows: Matthew's
Summit Subdivision, A Subdivision of Lots 2, 3 and Parcel E of Lot 3, Arnolds Acres, Story
County,Iowa.
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 covenants 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 shl
affect any of the other provisions, which shall remain in full force and effect. i
Executed by the respective signatories effective the date first above written
C 6�y1 p �• t�r�5 y, l��li!"a'�`t;}.
OWNER CITY OF AMES, IOWA
io�N,R� <
gtA4��
By: By: -mow
Ann Campbell, Mayor
B
Diane R. Voss, City Clerk
STATE OF IOWA,STORY COUNTY ss: STATE OA ,O,
F IOWA,COUNTY OF STORY,ss:
On this 17 day of s,2011,before On this !day of ,2011,before me,a
me, a Notary Public in d for the State of Iowa, Notary Public in and for the State of Iowa, personally appeared
personally appeared k into me known to-he Ann H. Campbell and Diane R. Voss, to me personally known,
th named in and who and,who,being by me duly sworn,did say that they are the Mayor
executed the foregoing instrument, and and City Clerk,respectively,of the City of Ames,Iowa;that the
acknowledged that they executed the same as their seat affixed to the foregoing instrument is the corporate seal of the
voluntary act and deed. 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. R-952 adopted by the City
Council on the,11i- day of —,20// ,and that Ann
Notary Public in and for the State of Iowa H. Campbell and Diane R. Voss acknowledged the execution of
the instrument to be their voluntary act and deed and the voluntary
act and deed of the corporation,by it voluntarily executed.
0�, �
Notary Public in a d or dfa State of Iowa
LAURIWERNER
n7957 "T� JILL L.RIPPERGiER
• My Commlasion eRp CommNWon Nun
August 14, 2014MY