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HomeMy WebLinkAboutA007 - Covenant Pertaining to Water Service �o s Instrtw nt:2012- 00002983 M Date:tkr 23,2012 03:16:58P W D Rec Fee: 15.00 E-Cal Fee: 1.00 6� Aud Fee: .00 Trans Tax: .00 g' Rec Nanasemt Fee: 1.00 y Mon-Standard Pose Fee: .00 d Filed for record in Stars County, Iowa zqq Susan L. Vande Komi County Recorder �y 7 W N_ Prepared by:Cahill Law Offices, 1015 Fifth St.,Nevada,IA 50201;Tele:(515)382-6571 Return Recorded Document to:Ames City Clerk,City of Ames,Iowa,515 Clark Avenue,Ames,Iowa 50010 Address Tax Statement To:Jay David Armstrong,1230 South K,Nevada,Iowa 50201 COVENANT PERTAINING TO WATER SERVICE THIS AGREEMENT, made and entered into effective the day of , 20ji, between the City of Ames, Iowa(hereinafter called "City"), and Jay David Armstrong, (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"): Beginning at a point 484 Feet South of the NE Corner of the South Half(S 1/2) of the Southeast Quarter (SE 1/4) of Section Eight (8), along the East line of said Section Eight (8), Township Eighty- three (83) North, Range Twenty-three (23) West of the 51h PM, Story County, Iowa, thence West parallel with the North Line of the South Half (S 1/2) of said Section Eight (8), a distance of 450 Feet, thence South to the North line of Primary Road No. US 30, thence East along the said North line of Primary Road No. US 30 to the East Line of the Southeast Quarter (SE 1/4) of Section Eight (8) West of the 51h PM, Iowa, thence North along the East Line of said Section Eight (8) to the point of beginning, EXCEPT commencing at the Southeast Corner of Section Eight (8), along the East line of said Section Eight (8), Township Eighty-three (83) cn North Range Twenty-three 23 West of the 5 PM Story County, g Y ( ) � rY Y Iowa, thence N 0*00' W along the East Line of said Section Eight (8) and along the centerline of Story County secondary road 343.9 Feet, thence N 90*00' W 40 Feet to the intersection of the West right of way line of said Story County secondary road with the Northerly right of way of US Highway #30 and the point of Page 1 of 3 beginning, thence S 40*30' W along the Northerly right of way of US Highway #30 154.3 Feet, thence S 89*50' W along the Northerly right of way US Highway #30 309.8 Feet, thence N 0*00' W 66 Feet, thence N 89*50' E 249.6 Feet to the point of curvature of a 67 Foot radius curve, thence Northeasterly along said 67 Foot radius curve, concave Northwesterly, 66.1 Feet, thence N 33*19' E 80.1 Feet to the point of curvature of a 79.33 Foot radius curve, thence Northeasterly along said 79.33 Foot radius curve, concave Southeasterly 78.48 Feet to the West right of way line of the Story County secondary road, thence S 0*00' E along said West right of way line, 72.1 Feet to the point of beginning, subject to roads. 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 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 a period of twenty-one(2 1)years from the date of the Page 2 of 3 • r 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. 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. Executed by the respective signatories effective the date first above written. OWNE CITY OF AMES,IOWA "rmstrong By.Jay Mayor ;d � Ann H. Campbell, Attest �7 r Diane R.Voss STATE OF IOWA,STORY COUNTY ss: City Cler On this cAcz4 day of 2011, before STATE OF IOWA,STORY COUNTY ss: me, Notary Public in and for the State of Iowa, personally n F +`` appeared Jay David Armstrong, to me known to be the persons On this dayoflJ yt�j3,ribefore''' named in and who executed the foregoing instrument, and me,a Notary Public in and for the State of Iowa,persondly,!appeared acknowledged that the persons executed the same as the persons Ann H. Campbell and Diane R. Voss, to me personally known, and, vol tary act and d who,being by me duly sworn,did say that they are the Mayor and City Clerk,respectively,of the City of Ames,Iowa;that the seal affixed to the foregoing instrument is the corporate seal of the corporation,and ota Publ' n and for }e to of Iowa that the instrument was signed and sealed on behalf of the corporation, by authority of its City Council, as contain in Resolution No. 11 �9 adopt�e4 by the City Council on the day of 20 1 L and that Ann H.Campbell and Diane R.Voss acknowledged P the execution of the instrument to be their voluntary act and deed and )�l LYNN f0 the voluntary act and deed of the corporation, by it voluntarily CC ,i iSSIC3�J#710 r-© executed. r /. • ' " '� P:.f CJ1'^�!i8 IONEX'1'I.�ES NotaryPublic in an r the St of Iowa 4® .TILL L RIPPERGER F^;,rrrrtisa Number1�6549 r�y Comm Dcpir�0 roww 3-17 AS qFC E1� ,J'�j D 9UGLAS R. MAREK CITY ATTORNEY Page 3 of 3