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Home My WebLink AboutA008 - Covenant and Agreement for Annexation s • t �gO N !ij Instruwnt:2012- 00002985 h Date:ltar 23►2012 03:18:42P eD Rec Fee: 20.00 E-Coe Fee: 1.00 G� Aud Fee: .00 Trans Tax: .00 �1' Rec 1knosesent Fee: 1.00 Non-Standard Page Fee: .00 ;S z Filed for record in Stors Countsi Iowa w Susan L. Vande Karnr County Recorder CA N W DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prenared by Cahill Law Offices, 1015 Fifth St.,Nevada,IA 50201:Tele:(515)382-6571 Recorded Document to: Ames City Clerk,City of Ames, Iowa, 515 Clark Avenue, Ames, Iowa 50010 COVENANT AND AGREEMENT FOR ANNEXATION THIS COV NANT AND AGREEMENT is made effective the 13 day of DU,b'Y� , 2011, by and between JAY DAVID ARMSTRONG (hereinafter called AOwner@), their successors and assigns, and THE CITY OF AMES, IOWA, (hereinafter called ACity@). WITNESSETH THAT: The parties hereto have agreed and do agree as follows: 1. Owner is the legal owner of record of Real Estate, the legal description of which is set forth in Exhibit"A" att,�ched hereto, and by this express reference made a part hereof. As of the date of this Agreeh0 il, 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 apply in writing to the City Council requesting annexation. 6. Pursuant to provisions of Chapter 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 notified pursuant to Chapter 368 of the Code of Iowa at the time the Real Estate becomes contiguous to the City. 8. The Owner agrees that upon annexation all municipal regulations and requirements, including 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 covenants 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. (Signature Page Follows) OW:WJay CITY OF AMES,IOWA By: By:David Armstrong, Owner Ann H. Campbell, May B Diane R. Voss, City Clerk STATE OF IO A,STORY COUNTY ss: STATE OF IOW/ COUNTY STORY,ss: On this day of MAL) • _,2011,before me,a Notary On this r:J day of ,2011,before me,a Public in and for the State of Iowa,personally appeared Jay David Notary Public in and for the State of Iowa, personally appeared Armstrong, to me known to be the owner named in and who Ann H. Campbell and Diane R. Voss, to me personally known, executed the foregoing instrument, and acknowledged that they and,who,being by me duly sworn,did say that they are the Mayor executed the sa a as their volu ry act and de e 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 that the instrument was signed and sealed on o ary Pu lic in ar&or the S to f Iowa behalf of the corporation, by authority of its City Council, as contained in Resolution No. 1(_h 5q adopted by the City Council on the day of D-C• 2011,and that Ann H. " d Campbell and Diane R. Voss acknowledged the execution of the SSlC"iE!#7100;-10 instrument to be their voluntary act and deed and the voluntary act cc,V;',,SS;0H EXPIRES and deed of the corporation,by it voluntarily executed. d for the State A Iowa .TILL L RIPPERGER ,y�Car>n�tion Nlallber 14t5549 APf rR c BY DOUGLAS R. MAR CITY ATTORNEY Exhibit "A" Beginning at a point 484 Feet South of the NE Corner of the South Half(S '/a) of the Southeast Quarter(SE'/a) 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 5th 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 5th 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) North, Range Twenty-three (23)West of the 5th PM, Story County, 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 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. 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