HomeMy WebLinkAboutA008 - Covenant for Assessment of Costs of Improvements 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 FOR ASSESSMENT OF
COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT is made and entered into effective the
day of l 1 - , 2011 j, 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 N00°10'48"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
S71-31'08"E, 221.92 feet to the East line of said Southwest Quarter of the Northwest Quarter of
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.
2. 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.
3. 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, Owners do
hereby covenant and agree that by execution of this instrument, Owners, their 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 in Iowa Code section
384.50, the provisions of Iowa Code section 384.38 notwithstanding.
4. Without affecting the foregoing 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.
5. Additionally, Owners, in consideration of the benefits derived from approval of
the said plat of the Real Estate, receipt of which is hereby acknowledged, do covenant with the
City that they 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, and/or to enjoin, set aside, overturn or reduce the amount of such
assessments levied against the Real Estate by the City.
6. 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.
7. Invalidation 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
By ajjj�� & ��"a::I�� ke-0� / �9-
I
Annn H. Campbell, Mayor e oosa
Attest�`1J4/�
Diane R. Voss, City Clerk o
STATE OF IOWA,COUNTY OF STORY,ss:
STATE OF IOWA,COUNTY 0E,S_1�,ss:
On this A7 day of -fRM. 20/5 ,before me, is instru ent was cknowl dged before me on
a Notary Public in and for the State of Iowa,personally appearedf—o?5�,20 ,by Dean Roosa and Carol Jacobs
Ann H.Campbell and Diane R.Voss,to me personally known and peck
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 that the instrument was signed and sealed on 2znle't—
otary P is in and for the State of Iowa
behalf of the corporation, by author of its City Council, as
contained in Resolution No./S•D adopted by the City
Council on the . "7 day of ,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 ffjoj#�
NANCY A. SuRDEDER
executed. MM*@10n Number 176488
Expires
�ocoober °,"�7 cos
Notary Public in and fo t e Sta of Iowa
c01A1f Jill L. Ripperger
: Commission Number 146549
* * My Commission Expires