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HomeMy WebLinkAboutA010 - Covenant and Agreement for Annexation r 4 DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER Prepared By:Charlie Kuester,City of Ames Planning Department,515 Clark Ave.,Ames,IA 50010;515-239-5400 Return Recorded Document To: Ames City Clerk,Ames City Hall,515 Clark Ave.,P.O.Box 811,Ames,IA 50010 COVENANT AND AGREEMENT FOR ANNEXATION THIS COVENANT AND AGREEMENT is made and entered into effective the 'L j day of 20 1`_`� , by and between the City of Ames, Iowa (hereinafter called "City") and Dean Roosa and Carol Jacobs Peck (hereinafter called"Owners"), their heirs, successors and assigns. WITNESSETH THAT: The parties hereto have agreed and do agree as follows: 1. Owners are the legal owners of record of Real Estate legally described as follows: All that part of the Southwest Quarter of the Northwest Quarter of the Southwest Quarter, lying South of the Skunk River, and all that part of the Northwest Quarter of the Southwest Quarter of the Southwest Quarter, lying North of the county road, as formerly located, all in Section 23, Township 84 North, Range 24 West of the 5th P.M., Story County, Iowa, all together being more particularly described as follows: Beginning at the Northwest Corner of Lot 9 in Purvis Subdivision in the East Half of the Southwest Quarter of said Section 23, said point being in the centerline of West Riverside Road, as formerly located; thence following said former centerline N88005'12"W, 209.54 feet to the beginning of a curve tangent to said line; thence westerly and southwesterly, 185.98 feet along the curve concave to the south, having a radius of 260.43 feet, a central angle of 40°54'59" and being subtended by a chord which bears S71°27'18"W, 182.05 feet; thence S50°59'48"W, 244.95 feet, tangent to said curve; thence departing said former centerline N51°09'01"W, 99.70 feet to the West line of said Section 23; thence N0090'48"E, 681.65 feet along said line to the centerline of the Skunk River, as established by prior survey; thence following said line N84°24'59"E, 0.36 feet; thence S85°10'31"E, 444.00 feet; thence S71031'08"E, 221.92 feet to the East line of said Southwest Quarter of the Northwest Quarter of t the Southwest Quarter; thence S00°42'55"W, 431.50 feet along said line to the point of beginning, containing 8.42 acres, which includes 1.08 acres of existing public right of way. As of the date of this Agreement, said Real Estate is not contiguous to the corporate city limits of the City of Ames, and is generally described as shown above. 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 Iowa Code chapter 368. 3. Owners agree to have the Real Estate annexed to the City of Ames, Iowa, upon certain terms and conditions as hereinafter set forth in the event 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 conditions 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 Owners of the City's desire to annex the Real Estate. Upon such notification, Owners agree to apply in writing to the City Council requesting annexation. 6. Pursuant to the provisions of Iowa Code section 368.7(e), Owners waive 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. 4 7. Notice of the proposed annexation shall be given to the parties legally required to be notified pursuant to Iowa Code chapter 368 at the time the Real Estate becomes contiguous to the City. 8. Owners agree 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 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 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 representative signatories effective the date first written above. CITY OF AMES, IOWA OWNERS I nn H. Campbell, aajyo)r Dean a Attesg`�. ��� �, Diane R. Voss, City Clerk of Ja STATE OF IOWA,COUNTY OF STORY,ss: On this - _day of ,2045 ,before me, STATE OF IOWA,COUNTY OFSTC ,ss: a Notary Public in and for the State of Iowa,personally appeared Ann H.Campbell and Diane R.Voss,to me personally known and This inst ment was acknowl9dged before me on who,being by me duly swom,did say that they are the Mayor and 444 ,20/ by Dean Roosa and Carol Jacobs City Clerk,respectively,of the City of Ames, Iowa; that the seal Peck 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 authori of its City Council, as contained in Resolution No. / adopted by the City N tary Publ' n and for the State of Iowa Council on the 17 day of aA-n. 20L,and that Ann 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. °7 r �*p L� NANCY A. SCHROEDER Notary Public in and or the to of Iowa = � commkmion Number 176488 MY OmvftWm O1 Expires 000ber 17,201 o01AZZ Jill L. Ripperger r S Commission Number 146549 * ,* My Commission Expires iowp 3 •I l-1:�'