HomeMy WebLinkAboutA009 - Covenant Pertaining to Water Service 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,1A 50010
COVENANT PERTAINING TO WATER SERVICE
THIS COVENANT AND AGREEMENT is made and entered into effective the
day of 20L�_, by and between the City of Ames, Iowa
(hereinafter called "City") and Dedi Roosd and Carol Jacobs Peck (hereinafter called "Owners"),
their heirs, successors and assigns.
WITNESSETH THAT:
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"):
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.
and
WHEREAS, said land is within two miles of the City, subject to the jurisdiction of the
City for subdivision 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 as follows:
1. For purposes of making provision for future City water services to 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 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 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.
. 1 I
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.
CITY OF AMES, IOWA OWNERS
By G� cc
Ann H. Campbell, MayorV Dean Roosa
Attest c� ,(
Diane R. Voss, City Clerk arol ck .
STATE OF IOWA,COUNTY OF STORY,ss: STATE OF IOWA,COUNTY OF Sty,ss:
On this V day of_,. A7. ,20/� before me, This instrument was acknowledged before me on
a Notary Public in and for the State of Iowa,personally appeareds 20 ,by De n Roosa and Caro Jacobs
Ann H.Campbell and Diane R.Voss,to me personally known and °
who,being by me duly sworn,did say that they are the Mayor and Peck.
City Clerk, respectively,of the City of Ames, Iowa;that the seal
affixed to the foregoing instrument is the corporate seal of the
ell
corporation, and that the instrument was signed and sealed on otary Pub in and for the Stat
behalf of the corporation, by authority of its City Council, as
contained in Resolution No. � adopted b the City
Council on the I I day of —I"" . ,20/5 ,and that
Ann H.Campbell and Diane R.Voss acknowledged the executionA ALEX S GREIG
voluntary act and deed of the corporation, by it voluntarily Commission Number 786960
of the instrument to be their voluntary act and deed and the �4- i
Z execute 7-
My Commission Expires
Notary Public in and for the Stat of Iowa November 7,2017
O,0IA1s Jill L. Ripperger
Commission Number 146549
* * My Co mission Expires