HomeMy WebLinkAboutA008 - Covenant and Agreement for Annexation dated March 24, 2015 i
DO NOT WRITE IN THE SPACE ABOVE THIS LINE; RESERVED FOR RECORDER
Prepared By: Jeffrey Denson,City of Ames Planning Department,515 Clark Ave.,Ames,IA 50010;515-234-5400
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
_0 day of W1�� , 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.
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.
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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,
d consideration, conclude that the annexation of said Real Estate to the City
after due an careful cos y
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.
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 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
e hereto, their mortgagees, lienholders successors and assigns, for period of 21 ears
parties shg p y
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 an court of competent jurisdiction b an
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of the parties hereto by any appropriate action at law or in equity to secure the performance of
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the covenants herein contained. Invalidation of any of these covenants y judgment
ment 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.
,•CI34 ,—b-,F.AMES, IOWA OWNERS
V.
Cam 'dell Mayor- Jo R. Pfeffer
Mane" -itY_Clerkoss; Jo 'L. Pfeffer
STATE OF IOWA,COUNTY OF STORY,ss:
On this `day of Ai 4A 2015 before me,a STATE OF IOWA,COUNTY OF
Notary Public in and for the State of Iowa, personally appeared
Ann H.Campbell and Diane R.Voss,to me personally known and This instrument was acknowledged before me on
who,being by me duly swom,did say that they are the Mayor and cl-, I g 2015,by John R.Pfeffer and Joan L.1'feffer
City Clerk,respectively,of the City of Ames, Iowa;that the seal ('-N 0 ��
affixed to the foregoing instrument is the corporate seal of the K
corporation, and that the instrument was signed and sealed on Notary Public in and for the State of Iowa
behalf of the corporation, by authority of its City Council, as
contained in Resoluti n No./5-/ adopted by the City
Council on the day of 2015 and that t� SHERI K REUTTEA
Ann H.Campbell and Diane R.Voss acknowledged the execution Commission Number 132546
of the instrument to be their voluntary act and deed and the My Commission Expires
voluntary act and deed of the corporation, by it voluntarily ow June 27, 2017
executed.
Notary Pub]is in and f rfhe StZe of Iowa
Jill L. Ripperger
a� commission Number 146549
� {c My commission Expires
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 S02006' 2511E 453 .35
feet; thence S89039148"E 221 . 07 feet; thence
N0200612511W 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
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Section twelve (12) , Township eighty-three (83) North,
Range twenty-five (25) , West of the 5th P.M. , Boone
Count Iowa running thence West 221 . 07 feet along
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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;