HomeMy WebLinkAboutA009 - Covenant Pertaining to Water Service 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, [A 50010
COVENANT PERTAINING TO WATER SERVICE
,1 THIS COVENANT AND AGREEMENT is made and entered into effective the
day of VkCL''Cln , 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:
WHEREAS, the aforesaid Owners have applied to the City for approval of a plat of
survey of an area of land described as follows (the "Real Estate"):
See attached Legal Description
and
WHEREAS, said land is within two miles of the City, subject to the jurisdiction of the
City for plat approval and for authorization of rural water service; and
WHEREAS, Owners deisre 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 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.
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 OWNE
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Ann H-.•CampbeJJ,,Mayor• -- Jo . Pfeffer
Atte 'ttr U
Ziane•A. Voss;City Clerk Jo L. Pfeffer
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STATE OF IOWA,COUNTY OF STORY,ss: STATE OF IOWA,COUNTY OF f3 p��',ss:
On this dZ_ day of.� ,2015,before me,a This instrument was acknowledged before me on
Notary Public in and for'the State of Iowa, personally appeared 2015,``// by John R.Pfeffer and Joan L.Pfeffer.
Ann H.Campbell and Diane R.Voss,to me personally known and tS
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 Notary Public in and for the State of Iowa
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
contained in Res lution No.6-/Z*7 adopted by the City �� tag SHERI K REUTTER
Council on thei day of ,� ,2015, and that :° Commission Number 13254E
Ann H.Campbell and Diane R.Voss acknowledged the execution My Commission Expires
of the instrument to be their voluntary act and deed and the °N June 27, 2017
voluntary act and deed of the corporation, by it voluntarily
executed.( ,
—�G in, I ktdwlz�—=
Notary Public in and for fhc S4ptc of Iowa
oti�AlAla Jill L. Ripperger
r Commission Number 146549
R ,* My Commission Expires
Iowa .i-f7 fig"
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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 S020 06, 25„E 453 .35
feet; thence S8903914811E 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;