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Home My WebLink AboutA016 - Covenant Release dated November 9, 2016 �? � Instrurent:201b- 000113SE 0 R c Fee. 10►2016 V2111 sib S �S/ Aud Fee: 5• G�or eQ: flanaseeent Fees rant, o ° *-Standard Page Fee:Filed far record in Story county?0iowa Stacie L. Herrid9e, county Recorder F �N p z �� u �N INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pk .,Ste. 101,Ames,IA 50010(515)246-7860 RETURN To: Brian D.Torresi,2605 Northridge Plmy.,Ste. 101,Ames,IA 50010 COVENANT RELEASE KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned, CITY OF AMES, IOWA,the present holder or owner of certain rights related to payment under that certain Covenant and Agreement Pertaining to Water Service dated July 14, 2015, and filed in the office of the Recorder of Story County, Iowa, on the 12th day of October, 2015, as Instrument No. 2015-00009976 (the "APr�eement"), does hereby acknowledge that the Agreement is redeemed, paid off, satisfied, and discharged in full with respect to the real property legally described as follows: Lots One (1), Two(2), Three(3), Four(4), Five(5), Six(6), Seven (7), Eight(8), Nine (9), Ten (10), Eleven (11), and Twelve (12), Village Park Subdivision, Ames, Story County, Iowa, AND Outlots A, B, C, and D, Village Park Subdivision, Ames, Story County, Iowa Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number,and as masculine,feminine,or neuter gender,according to the context. Dated this I-10ty of November,2016. I CITY OF AMES,IOWA By: Bob Kindred,Assistant City Manager STATE OF IOWA,STORY COUNTY, SS: This record was acknowledged before me on this AIL of November,2016,by Bob Kindred as the Assistant City Manager of the City of Ames,Iowa. Notary Public,State flow My commission expires 3-/7-/g Jill L Rippp��rgg�8�� +4` f Oommhstoe Nmbw 46d49 * # MY Comallmbe Emu" rows INS'rRUmENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames, 1A 50010(515)246-7860 RETURN To: Brian D.Torresi,2605 Northridge Pkwy.,Ste. 101,Ames,IA 50010 COVENANT RELEASE KNOW ALL PERSONS BY THIS INSTRUMENT: That the undersigned, CITY OF AMES, IOWA, the present holder or owner of certain rights related to payment under that certain Covenant and Agreement Pertaining to Water Service dated July 14, 2015, and filed in the office of the Recorder of Story County, Iowa, on the 12th day of October, 2015, as Instrument No. 2015-00009976 (the "Agreement"), does hereby acknowledge that the Agreement is redeemed, paid off, satisfied, and discharged in full with respect to the real property legally described as follows: Lots One (1), Two (2), Three (3), Four (4), Five (5), Six (6), Seven (7), Eight (8), Nine (9), Ten (10), Eleven (11), and Twelve (12), Village Park Subdivision, Ames, Story County, Iowa, AND Outlots A, B, C, and D, Village Park Subdivision, Ames, Story County, Iowa Words and phrases herein, including acknowledgement hereof, shall be construed as in the singular or plural number, and as masculine,feminine,or neuter gender,according to the context. Dated this_day of November,2016. CITY OF AMES, IOWA By: Li�4� Bob Kin ed,Assistant City Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this day of November,2016,by Bob Kindred as the Assistant City Manager of the City of Ames, Iowa. Notary Public, State of 1owa4 My commission expires 3-17-17 o��aiuI Jill L. Ripperger Commission Number 146549 ` * My Commission Expires sown -17-1�( Amwpp- NOV 1 4 2016 CITY CLERK CITY OF AMES. IOWA RURAL WATER DISTRICT November 11, 2016 City of Ames Attention Diane Voss, City Clerk P. 0. Box 811 Ames, Iowa 50010 Re:Village Park Ms. Voss: This letter will confirm that per the agreement, Hunziker Development Company, LLC has made full payment for release of service territory rights for the property know as Village Park. The City of Ames is released from all obligation regarding water service territory rights for this property. Since ely, Gary Benj in, P.E. CEO/General Manager Xenia Rural Water District 25998 141st Street • P.O. Box 59 • Bouton. Iowa 50089-0089 Office Ir : 515-676-2117 • Fax: 515-676-2208 • WATS: 888-855-2619 wvvw.xeniawater.org • X.R.W.O. is an equal opportunity provider and employer Page 1 of 1 HDC/Xenia- Village Park Torresi,Brian D. to: Diane R Voss 1 1/07/2016 1 1:48 AM Cc: Steve Schainker, Chuck Winkleblack Hide Details From: "Torresi, Brian D." <BrianTorresi@davisbrownlaw.com> To: Diane R Voss<DVoss@city.ames.ia.us> Cc: Steve Schainker<SSchainker@city.ames.ia.us>, Chuck Winkleblack<chuck@hunziker.com> 3 Attachments LES -1 m. -.. A 10_025938.pdf untitled.pdf Xenia_City_Release_20161107.pdf Diane—thanks for speaking with me this morning.As we discussed, an attorney noted an objection in a title opinion for a Village Park lot because of the Covenant and Agreement pertaining to Water Service(the"City-HDC Agreement"). In the City-HDC Agreement the City required HDC to repay to the City any costs incurred by the City with respect to the release of water territory by Xenia. I have attached the City-HDC Agreement.The City also entered into an agreement with Xenia called an Agreement Between City of Ames and Xenia Concerning Continued Water Service(the "City-Xenia Agreement") wherein the City agreed that all costs would be borne by Hunziker and that Hunziker was entering into a separate agreement with Xenia (the "HDC-Xenia Agreement"),which they did, and which they paid. I have attached the City-Xenia Agreement. Unfortunately,the City-Xenia Agreement does not reference the property to which it applies and that is why it never showed up in an abstract of title which has resulted in this objection. I have asked the objecting attorney if an affidavit from Hunziker with the City-Xenia Agreement and the HDC-Xenia Agreement attached would cure the objection. I think that should be sufficient; however, I would like to be prepared in the event that attorney requires a release from the City with respect to the City-HDC Agreement. I have prepared a release which is attached to this message.A closing is set for this week,so time is of the essence with respect to this matter.Again,there is no doubt that the City incurred no costs and that the City-HDC Agreement is satisfied,so there should be no issue whatsoever with the City signing the attached release.This wouldn't have been an issue if the City-Xenia Agreement would have been prepared and recorded correctly by identifying the real property to which it applied.Thank you in advance for your cooperation. Respectfully, Brian D. Torresi (Attorney(also admitted in New York) 1 515-246-7860 1 www.DavisBrownLaw.com 2605 Northridge Parkway, Suite 101 1 Ames, Iowa 50010 1 Fax: 515-243-0654 The Davis Brown Law Firm is committed to providing l.xi:eptional Client SeiA!ice. 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