HomeMy WebLinkAboutA009 - Covenant for Assessment of Costs of Improvementsr
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11 Date:ttar 23Y2012 03:17:58P
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lob Filed for record in Story Countyr Iowa
8 Susan L. Vande Kasop County Recorder
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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 FOR ASSESSMENT OF
COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT is made effective the 1/3 day of Dcc�64,-
2011, by and between JAY DAVID ARMSTRONG (hereinafter called AOwner@), their
successors and assigns, and THE CITY OF AMES, IOWA, (hereinafter called ACity@).
l.aaa� 6.. P&j& 2- 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
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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
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City that it will never, at any future time, sue the City, or any officer or employee of the City, to
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: (Athe Real
Estate @).
Beginning at a point 484 Feet South of the NE Corner of the South
Half (S t/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 51" PM,
Story County, Iowa, thence West parallel with the North Line of
the South Half (S '/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 '/4) of Section Eight
(8) West of the 5tn 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 5t" 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
alongsaid West right of way line 72.1 Feet to the point of
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beginning, subject to roads.
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.
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6. 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.
OWNER CITY OF AMES,IOWA
By: Lei By: %nz
Jay David Armstrong, Trus e Ann H. pbefl, M % '' '�� �.
Diane R. Voss, City Cle
STATE OF 10 STORY OUNTY ss: STATE OF IO A,COUNT OF ST ', s `
On this day of ,2011,before On this day of `20�
me, a Notary Public in and for the State of Iowa, before me, a Notary Public in and for theta e`'df
personally appeared Jay David Armstrong, to me Iowa, personally appeared Ann H. Campbell ,and
known to be the trustee of the named in Diane R. Voss, to me personally known, and, who,
and who executed the foregoing instrument, and being by me duly sworn, did say that they are the
acknowledged that they executed the same as their Mayor and City Clerk, respectively, of the City of
voluntary act and deed. 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
behalf of the corporation, by authority of its City
tary 'ub is mJnd for ate of Iowa Council, as contained in Resolution No.t S
adopte by the City Council on the f 5 day of
, 20 � � , and that Ann H. Campbell and Diane R.
I YN;ei Voss acknowledged the execution of the instrument
.
ry r;:";SSICN#790000 to be their voluntary act and deed and the voluntary
P. l CO",T.".SSiCN P1RES act and deed of the corporation, by it voluntarily
executed.
Notary Public in and"faf the Sl§te of Iowa
JILL L.RIPPERGER
s Commission Number 1455.)
• MY Is.lo Express
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APPR EAI.�7 /
DOUGLAS R. F..
CITY ATTORNE1
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