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Home My WebLink AboutA007 - Covenant for Assessment of Costs of Improvements dated March 24, 2015 DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER Prepared By: Jeffrey Benson 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 X4 day of f'vla V,C.I , 2015, by and between the City of Ames, Iowa (hereinafter called "City") and John R. Pfeffer and Joan L. Pfeffer (hereinafter called "Owners"), their heirs, successors and assigns. WITNESSETH THAT: The parties hereto have agreed and do agree as follows: 1. John R. Pfeffer and Joan L. Pfeffer are the legal owners of record of Real Estate legally described as follows: See attached Legal Description. 2. This agreement is made for the purpose of meeting the subdivision regulations and plat approval requirements of the City for approval of the plat of survey 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 Boone 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. SOOK,- 35 —PAGE. 20S 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 OtF S,IOWA OWNE F '°s `'Campbel�1V�layor Rohn R. Pfeffe • k ,7 il;I7�i E i s VQs ;;City Clerk Jo L. Pfeffer ?" ' '•' � ,��' STATE OF IOWA,COUNTY OF g�o'y" ,ss: 'STAXP_'OF,IOW'A'�C�UNTY OF STORY,ss: This instru,79t was acknowledged before me on bli jbis,`%Z �' day of M44A 2015,before me,a �h►'e�� E.? , ,2015,bygn R.Pfeffer an L.Pfeffer Notary Public in and for the State of Iowa,personally appeared 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 Notary Public in and for the State of Iowa 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 behalf of the corporation, by authority of its-City Council, as SHERI K REUTTER contained in Resolu t n No. 7 adopted by the City i Z CommisslOn Number 132546 Council on the day oof�, 2015, and that My Commission Expires Ann H.Campbell and Diane R. Voss acknowledged the execution °w June 27, 2017 of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation, by it voluntarily executed. Notary Public in and(of the to of Iowa oAt Jill L. Ripperger - r Commission Number 146549 * * My Commission ires �W �CaFly 35 PA( E ?.JA Attached Legal Description: Commencing at the NE corner of Section 12, Township 83 North, Range 25 West of the 5th P.M. , Boone County, Iowa running thence West along the Section line 383 . 30 feet to the point of beginning; thence West along the Section line 221 . 07 feet; thence S02106' 25"E 453 . 35 feet; thence S89039'48"E 221. 07 feet; thence N02006' 25"W 454 . 65 feet to the Point of Beginning, containing 2 . 302 acres (100, 292 square feet) , with 0 .355 acres (15, 475 square feet) subject to public highway. Sometimes described as : Beginning 383 .3 feet West of Northeast corner of Section twelve (12) , Township eighty-three (83) North, Range twenty-five (25) , West of the 5th P.M. , Boone County, Iowa, running thence West 221 . 07 feet along the North section line, thence South 453 . 35 feet, thence East 221 . 07 feet, thence North 454 . 65 feet, to place of beginning, except public highway; ISOOK 35 r � ;L!O Amer recording return to: Ames City Clerk,515 Clark Ave.,P.O.Box 811,Ames,IA 50010 (515)239-5262 Preparer: John D.Jordan,615 Story St.,P.O.Box 219,Boone,IA 50036-0219,(515)432-4510 SPACE ABOVE THIS LINE FOR RECORDER CERTIFICATE OF BOONE COUNT Y TREASURER I, Darcy Bosch, Treasurer of Boone County, Iowa, do by the execution of this instrument, hereby certify that the real estate described as follows, to-wit : Commencing at the NE corner of Section 12, Township 83 North, Range 25 West of the 5th P.M. , Boone County, Iowa running thence West aioyig the Section 'Line 303 . 30 feet to the point of beginning; thence West along the Section line 221 . 07 feet; thence S02006' 25"E 453'. 35 feet; thence S89039148"E 221 . 07 feet; thence N02006125"W 454 . 65 feet to the Point of Beginning, containing 2 . 302 acres (100, 292 square feet) , with 0 . 355 acres (15, 475 square feet) subject to public highway. Sometimes described as : Beginning 383 . 3 feet West of Northeast corner of Section twelve (12) , Township eighty-three (83) North, Range twenty-five (25) , West of the 5th P.M. , Boone County, Iowa, running thence West 221 . 07 feet along the North section line, thence South 453 .35 feet, thence East 221 . 07 feet, thence North 454 . 65 feet, to place of beginning, except public highway; is free from certified taxes and certified special assessments as shown on the records of the Boone County Treasurer. �i�t•l; 35 �� - � 1 I certify under penalty of perjury and pursuant to the laws of the State of Iowa that the preceding is true and correct . Dated at Boone, Iowa, on this �D� day of C) Darcy Bosch �r,.� ` •�':'� ,r iBoo-K, PAGE BOONE COUNTY AUDITOR PHILIPPE E. MEIER 201 State Street Boone, Iowa 50036-3992 OFFICE STAFF 515-433-0502 Mary Lendt Heidi KokernNer Fax 515-432-8102 Janet Otten Beth Isvik e-mail boonecoaud@boonecounty.iowa.gov April 20, 2015 I, Philippe E. Meier, Boone County Auditor, do hereby certify as required by Code of Iowa 354.11.e, that the name of PFEFFER SUBDIVISION A subdivision located in NE '/< of Section 12 T83N, R25W, Colfax Township, Boone County, IOwa. This certificate is required by Section 354.6 (2), 354.11.e. of Code of Iowa 2015 and the above subdivision name is hereby approved. Certified b '4Phil%pp Bcoi e Eounty Auditor September.-'18, 2014 " Pfeffer Legal Description: Beginning 383 .3 feet West of the Northeast corner of Section twelve (12) , Township eighty-three (83) North, Range twenty-five (25) , West of the 5th P.M. , Boone _ County, Iowa, running thence West 221 .07 feet along. the North section line, thence South 453 .35 feet thence East 221 . 07 feet, thence North 454 . 65 feet to the place of beginning.