HomeMy WebLinkAboutA005 - Recorded Documents, Boone County Instrument #183094 - all papers recorded as one document II1111 Ilill IIIII 11111 I1111 IIIII II I I I II I I I I IIIl11 Ilf1111111 III{I IIIII 11111 111 Il l
Document 183094
Book 2018 Page 3094 Type 04 002 Pages 21
Date 8/07/2018 Time 11 :35 AM
Rec Amt $107.00 Aud Amt $5.00
VERONICA A NYSTROM, COUNTY RECORDER
BOONE IOWA
Return to: Preparer
Pre arer: John D. Jordan, 615 Story St., P.O. Box 219, Boone, IA 50036; 515-432-4510
SPACE ABOVE THIS LINE FOR RECORDER
CONSENT TO REINHART FARMS SUBDIVISION
We, the undersigned, Roger Allen Reinhart and John Martin
Reinhart certify and acknowledge that we are the owners of the
following described real estate and we hereby consent to the
subdivision of this real estate to Reinhart Farms Subdivision:
West half ('-i) of Southwest quarter (1-4) and Lot two (2)
in Southwest quarter (k) of Northwest quarter (1-4) of
Section thirty-five (35) , Township eighty-four (84 )
North, Range twenty-five (25) , West of the 5th P.M. ,
Boone County, Iowa.
Signed this I6 day of March, 2018
Roger Allen Reinhart
Jdhn Martin Reinhart
STATE OF IOWA, COUNTY OF BOONE, ss :
This record subscribed and sworn to before me by Roger Allen
Reinhart on this ,jj �day of March, 2018 .
RACHEL SORENSEN
Commission Number 8071 b
an f
m ion_ Votary Public`�
STATE OF IOWA, COUNTY OF BOONE, ss :
This record sub/scZ�bed and sworn to before me by John Martin
Reinhart on this day of March, 2018 .
N o6ar l i c
JOHN D.JORDAN
1633
my Comm Number
EV 2Irw
April 1,2014
PLAT OF SURVEY
LOCATION: Reinhart Farms Subdivision-
In the West Half of Sec.35,T84N,
R25W, Boone County, Iowa
PROPRIETOR: Beverly Jean Reinhart
REQUESTED BY: John Reinhart
SURVEYOR; Marlee Walton, PLS 411590
M.J.Walton &Associates, Inc.
456 Rookwood Drive;Ames, IA
50010;515-232-5768
Prepared By: Marlee Walton,PE,PLS 411590;M.J.Walton&Associates,Inc.;456 Rockwood Dr.;Ames,IA 50010;515-232-5768
Plat of Survey
Reinhart Farms Subdivision-Minor Subdivision
-� NW Corner of Section;35-84- QNorth
25;fd.1°iron pipe 0.2 ft.deep
75, 1,r=500'
N81° Union P
LEGEND: N81°55.41„w 55'41" r 1325,19. acificRailr
w
ad
♦ Government Corner Found o 62g30'in S81°55'41"E w ti
695. '
Q Government Corner Set—5/8" o / 0'A 89
x T rebar w/yellow cap#11590 o cot2sW " o'o Found%,"rebar with
Property Pin Found—5/8"rebar ? N89°43'47"W 1,310.96' 0 yellow cap#2880
w! ellow ca #11590 typical •'----.. " flush
y p' YP North line- %SW'/.
p Property Pin Set—5/8"dia.x 3' r
rebar w/yellow cap#11590 � un
!1N V3:
RA Recorded As "' CN-1\ vvC,
w o o
0 c N I C7
O N J V
ate. 20 a rr i o
u�yrP.� m w w o m
Np w
o 0
In
.1J eau d y v m
w Z g 0 a^ —N00°27'02"W 2,576.44'
J V,wee{ J Qo
S00°27'02"E 3,182.34'— NE Corner SW%SW/4
Section;35-84-25;fd.
NW Corner SW'/, N89°43'47 W 1,310.96' 5/8"rebar w/yellow
:} South Line _NW%SW% cap#11590 Flush
SW%,Section;35 84- -------------
25;fd.5/8'rebar North Line SW%SW'/,
w/yellow cap#11590 uibr 3 S01°17'49"W 140.18';
0.6 Q.deep N rn m RA S01°17'49"W
O ry >? 140.18'
1�M >IIISAAA
NOTE SOIL BORINGS ARE w o S85°04'58"E 129.60';
REQUIRED IN AREAS WITHIN THIS $oN N88°5D'22"E N RA S85°04'58"E
PLAT W141CH HAVE BEEN r` o— 129.60'
IDENTIFIED BY THE CITY OF N 295.69';RA z w
AMES•AS HAVING SOILS THAT o N01°37'41"E N88°50'22"E
MAKE CONSTRUCTION OF 92.89';RA 295.69'
BUILDINGS DIFFICULT N N01°3T41"E Parcel B
w:- 92 89' 3.44 acres NOTE:THBOWNERS
c rn / AGREE THERE IS A NO
POB;POC u? less Ill BUILD RESTRICTION
SW Corner o v N S87°19'33"W— 28 ROW 22 ON LOTS I&2,
Section;35-64- 150.24';RA N N 3.16 acres v N EXCLUDING PARCEL B
25;fd.AV rebar S87°19'33"W N89°43'47" o- in
0.4 ft.deep 150.24' N A oV M 273.6T;RA
o Q n N89°43'47"
North ROW Line_2201h St. z z`" 273,67' z v z v
South Line 35-84-25;0k 2201h St. �45,-� N89°43'47"E 89°43'47" SW Corner SW'/,SW'/,Section;
gravel read 622 60' 414_.6.9'- ; 35-84-25;fd.5!8"rebar w/yellow
N89°43-47"E 1,037.29 cap#11590 0.2 ft.deep
-- - _.......... .. ......
„p1a„aunhrgrq, '..'
ENGNyF�7 N89°43'47"E 2,621.92';RA N89°43'47"E 2.621,92'
SF ---
4��' Ijrreby certify that this land survey document was prepared and the related survey work was fir
MAR L Dale of rield survey:
EE A. grformed by me or undnr my direct supervision and that I am a duly licensed Land surveyor of ly
cn WALTON ider the laws of the State of Iowa.
11590 -7�3�r�� Project Number:
•,�,, ,� °°.•,.`Merle A.Walton,PE,PLS Date 9062
,''rr°rrhr IrOrVWn"`po'� License Number 1111500 PAGE]/2
My license renewal date.is December 31,2018
PLAT OF SURVEY
LOCATION: In Reinhart Farms Subdivision—
In the West Half of Sec.35,T84N,
R25W, Boone County, Iowa
PROPRIETOR: Beverly Jean Reinhart
REQUESTED BY: John Reinhart
SURVEYOR: Marlee Walton, PLS 411590
M.J.Walton&Associates, Inc.
456 Rookwood Drive;Ames, IA
50010;515-232-5768
Prepared By: Marlee Walton,PE,PLS#11590;M.J.Walton&Associates,Inc.;456 Rookwood Dr.;Ames,IA 50010;515-232-5768
REINHART FARMS SUBDIVISION—LEGAL DESCRIPTION:
That part of the West Half of Section 35 Township 84 North, Range 25 West of the 5111 P.M., Boone
County, Iowa, being more particularly described as follows:
Beginning at the Southwest Quarter(SW)Corner of said Section 35;thence N89°43'47"E 1,037.29 feet
along the South line of said Section 35;thence N00°27'02"W 475.34 feet;thence S87'19'33"W 150.24
feet;thence N01°37'41"E 92.89 feet;thence N88°50'22"E 295.69 feet;thence S01'17'49"W 140.18 feet,
thence S85'04'58"E 129.60 feet;thence N00°27'02"W 2,575.44 feet;thence N81°55'41"W 1,325.19 feet
along the North Line of Lot 2 and the South Right of Way Line of the Union Pacific Railroad Company;
thence S00"27'02"E 3,182.34 feet back to the Point of Beginning. Subdivision contains 89.41 acres of
which 1.07 acre is Boone County Road Right of Way.
LOT 1 -LEGAL DESCRIPTION:
That part of the West Half of Section 35 Township 84 North, Range 25 West of the 5th P.M., Boone
County, Iowa, being more particularly described as follows:
Beginning at the Southwest Quarter(SW)Corner of said Section 35;thence N89°43'47"E 622.60 feet
along the South line of said Section 35;thence N00°27'02"W 3,091.00 feet;thence N81'55'41"W 629.30
feet along the North Line of Lot 2 and the South Right of Way Line of the Union Pacific Railroad
Company; thence S00°27'02'E 3,182.34 feet along the West Line of said Section 35 back to the Point of
Beginning. Lot 1 contains 44.81 acres of which 0.64 acre is Boone County Road Right of Way.
LOT 2-LEGAL DESCRIPTION:
That part of the West Half of Section 35 Township 84 North, Range 25 West of the 5111 P.M., Boone
County, Iowa, being more particularly described as follows:
Commencing at the Southwest Quarter(SW) Corner of said Section 35;thence N89°43'47"E 622.60 feet
along the South line of said Section 35 to the Point of Beginning;thence continuing N89°43'47"E 414.69
feet along the South line of said Section 35;thence N00'27'02"W 475.34 feet;thence S87'19'33"W
150.24 feet;thence N01°37'41"E 92.89 feet, thence N88°50'22"E 295.69 feet;thence S01'17'49"W
140.18 feet;thence S85°04'58"E 129.60 feet,thence N00°27'02"W 2,575.44 feet; thence N81°55'41"W
695.89 feet along the North Line of Lot 2 and the South Right of Way Line of the Union Pacific Railroad
Company; thence S00°27'02"E 3,091.00 feet back to the Point of Beginning. Lot 2 contains 44.60 acres
of which 0.43 acre is Boone County Road Right of Way.
Tax Parcel ID's: 088425353300001, 088425353200001, 088425352300002
Address: 2221 220th Street, Ames, IA 50014
Zoning: Agricultural
�5\••, .,Fij�•i� I hereby certify that this land survey document was prepared and the related survey work was
`�.0��,; •• �terformed by me or under my direct supervision and that I am a duly licensed Land Surveyor Dale of Held survey:
O 12/29/]7
Q
Synder thn laws of thr.State or Iowa.
;per: MARLEE A. ; -7[30 1k Project Number:
WALTON `rlee A.wahon,PE,PL5 Dale 8062
M .� 11590
.•license Number 1111590
• My license renewal date is December 31,2018 PAGE 2/2
I
RESOLUTION NO._18-4f 5
RESOLUTION ACCEPTING THE PLAT OF
REINHART FARMS SUBDIVISION AMES,STORY COUNTY,IOWA
WHEREAS, there has been submitted to the City Council,the City of Ames, Iowa,
a plat of real estate of Ames, Iowa, said plat involving the following described real estate:
West half(%) of Southwest quarter ('/4) and Lot two (2) in Southwest quarter
('/4) of Northwest quarter ('/4) of Section thirty-five (35), Township eight-four
(84)North, Range twenty-five(25), West of the 51 P.M., Boone County, Iowa.
Continuing on to be known as Reinhart Farms Subdivision, Ames, Story
County, Iowa.
and
WHEREAS, the Department of Planning and Housing of the City of Ames, Iowa,
has recommended that the Plat be approved, and
WHEREAS, the Owners of the real estate and the City of Ames, Iowa acknowledge that the
subject real estate lies within 2 miles of the City of Ames, Iowa and accordingly, the Plat which is the
subject of this Resolution shall be approved by both Boone County, Iowa and the City of Ames, and
WHEREAS, the Owners of the real estate have also executed Covenants and Agreements for
Annexation, Water Service, Costs of Improvement and Building Restrictions, all of which have been
approved by the City of Ames are incorporated by their reference in this Resolution,and
WHEREAS, the Owners of said real estate, Roger Reinhart and John Reinhart, have executed a
written consent declaring that the Platting is with their consents and is in accordance with their desire as
Proprietors,and
WHEREAS, it is the opinion of the City Council of the City of Ames, Iowa, that the Plat
should be accepted and approved.
WHEREAS, the City Council of the City of Ames, Iowa, waived the subdivision
improvement requirements found in Chapter 23 of the Ames,Iowa Municipal Code.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames,
Iowa, that the said plat of Reinhart Farms Subdivision, Ames, Story County, Iowa, be and the same
is hereby accepted and approved,and
BE IT FURTHER RESOLVED that all of the acts of Roger Reinhart and John Reinhart
are hereby confirmed and approved by the City Council of the City of Ames, Iowa on the
day of TlLI y 11 , 2018.
CITY OF AME , IOWA
By: ,
ohn Haila,Mayo:`;: .,':y4;,;te
By.
Diane Voss,Gity-1 k;gR=r��
Moved by: Gartin
Seconded by: Betcher
Voting Aye: Beatty-Hansen, Betcher, Corrieri, Gartin, Nelson
Voting Nay: None
Absent: Martin
Mayor John Haila declared Resolution Number 18-465 adopted.
We, John Haila and Diane Voss, Being the duly elected and appointed Major and City Clerk,
respectively, of the City of Ames, Iowa,do herby certify that the above and foregoing Resolution Number
18-465 is a true and accurate copy of said Resolution; that said Resolution was duly
passed an d adopted by the City Council of the City of Ames, Iowa, at a duly convened meeting thereof
on the_31 day of August ,2018.
John Haifa,Mayor
�:-\L&,�7, �A4,
pane Voss,City Clerk
Return to: Preparer
Preparer: John D. Jordan, 615 Story St., P.O. Box 219, Boone, IA 50036. 515-432-4510
SPACE ABOVE THIS LINE FOR RECORDER
CERTIFICATE OF BOONE COUNTY TREASURER
I, Darcy Bosch, on oath, do state that I am the elected,
qualified and acting Treasurer of Boone County, Iowa, that I hereby
state that as of this date, the real estate described below is
free from certified taxes and certified special assessments :
West half ('-�) of Southwest quarter (14) and Lot two (2)
in Southwest quarter ('i) of Northwest quarter (1i) of
Section thirty-five (35) , Township eighty-four (84 )
North, Range twenty-five (25) , West of the 5th p.M. ,
Boone County, Iowa .
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 /671thday of 2018 .
Darcy Bos
BOONE COUNTY AUDITOR
PHILIPPE'E. MEIER
201 State Street
Boone, Iowa 50036-3992
OFFICE STAFF 515-433-0502
Heidi Kokemiller Beth Isvik Fax 51.5432-8102
Kaitlynn Olesen Alex Miller e-mail
boonecoaud@boonecounty.iowa.gov
January 3, 2018
I, Philippe E. Meier, Boone County Auditor, do hereby certify as required by Code of
Iowa 354.11.6 that the name of
Reinhart Farms Subdivision
was approved by me on January 3, 2018 for a proposed division of agricultural property
located in the West '/< of Section 35, T84N, R25W of 5th PM South of Rail Road ROW
being divided to settle Beverly Reinhart's Estate. This certificate is required Section
354.6 (2), 354.11 of Code of Iowa 2017. Before proposed minor subdivision located in
Boone County, approval of plat must take place, first in Story County, and concurrently
with Boone County. A more accurate legal description will be provided with the
approval of preliminary plat is approved in Boone County and final certification provided
as part of paperwork to be recorded with the final plat in Boone County.
This certification is provided to notify owner and proposed sub divider, the City of Ames,
the County of Boone that the above name for the division is approved to place on final
plat for division.
Certified by:
lilt
,• 7
Philippe UE /ei/er = t• m b
Boone County Auditor
January 3, 2018
Return to: Preparer
Preparer: John D. Jordan, 615 Story St. , P.O. Box 219, Boone, IA 50036; 515-432-4510
SPACE ABOVE THIS LINE FOR RECORDER
CONSENT TO SUBDIVISION
The undersigned, Doug Thompson, Market President of
VisionBank of Iowa, holder of a certain mortgage dated June 9,
2017, and recorded June 23, 2017, as Instrument No. 172588 in the
Office of the Boone County Recorder hereby states that the Reinhart
Farms Subdivision is prepared with the pre-consent and in
accordance with the desire of VisionBank of Iowa.
Signed this �tV day of March, 2018
VISIONBANK OF IOWA
By /
Doug Tho p on,
Market r sident
STATE OF IOWA, COUNTY OF BOONE, ss :
This record subscribed and sworn to before my by Doug���
Thompson, as Market President of VisionBank of Iowa on this 7-0
day of March, 2018 .
No ary P 1 i c
JOHN a JOROM
Cmwftdrjn N mber 121633
DO NOT WRITE IN THE SPACE ABOVE THIS LINE; RESERVED FOR RECORDER
Prepared By: John D.Jordan,615 Story Street,P.O.Box 219,Boone,Iowa 50036 (515)432-4510
Return Recorded Document To: John D.Jordan,615 Story Street,P,O. Box 219,Boone, Iowa 50036
COVENANT PERTAINING TO WATER SERVICE
THIS COVENANT AND AGREEMENT is made and entered into effective the '� day of
2018, by and between the City of Ames, Iowa (hereinafter called "City") and Roger
Reinhart and John Reinhart(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"):
West half(%) of Southwest quarter ('/4) and Lot two (2) in Southwest quarter ('/4) of Northwest
quarter ('/4) of Section thirty-five (35), Township eight-four (84) North, Range twenty-five (25),
West of the 51h P.M., Boone County, Iowa. Continuing on to be known as Reinhart Farms
Subdivision,Ames, Story County, Iowa.
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 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 Boone and/or 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, lienhotders, 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. Payment by the owners to the City shall
be made within thirty(30) days of payment by the City to the Rural Water Service providers.
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 ES OW OWNERS
By
-ayor Roger MinEart
% ;V slaty`Clerk J Reinhart
STATE.O¢;tidw 'CO(J TYNQF S1`ORY;ss:
�t 1. STATE OF IOWA,COUNTY OF BOONE,ss'
d�y 2019,before me,a liis inst ament was cknowledged before me on
Notaryublic iri7and.fo6�Ihe�Stat*q ;Iowa, personally appeared l
Schn A.{6`' rrH-6eriibcH=anti'Di
R.Voss,tome personally known and 'Z 2018, Ro er Reinhart and John Reinhart.
who,being by me duly sworn,did say that they are the Mayor and
City Clerk,respectively,of the City of Ames, fowa;that the seal Notary P H in and or the State of a
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 ay thority of its City Council, as JOH14 D.JOMM
contained in Reso utp* No. 1 _ �� adopted by the City pIM�
Council on the day of 2018, and that MY
Ann H.Campbell and Diane R.Voss ackn ledged the execution April 1,2M9
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 for the State of Iowa .�114 1.vp HEIDI R. PETERSEN
Commission Number 800253
aw► ' My C m ission�Expires
DO NOT WRITE IN THE SPACE ABOVE THIS LINE, RESERVED FOR RECORDER
Prepared By: John D.Jordan,615 Story Street, P.O. Box 219. Boone, Iowa 50036 (515)432-4510
Return Recorded Document To: John D.Jordan,615 Story Street,P.O. Box 219,Boone, Iowa 50036
COVENANT FOR ASSESSMENT OF
COSTS OF IMPROVEMENTS
THIS COVENANT AND AGREEMENT is made and entered into effective the
day of v u , 2018, by and between the City of Ames, Iowa (hereinafter
called "City") and Roger Reinhart and John Reinhart (hereinafter called "Owners"), their heirs,
successors and assigns.
WITNESSETH THAT:
The parties hereto have agreed and do agree as follows:
l. Owners are the legal owners of record of Real Estate legally described as follows:
West half ('/z) of Southwest quarter ('/4) and Lot two (2) in Southwest quarter ('/) of
Northwest quarter ('/4) of Section thirty-five (35), Township eight-four (84) North, Range
twenty-five(25), West of the 5'^ P.M., Boone County, Iowa. Continuing on to be known as
Reinhart Farms Subdivision, Ames, Story County, Iowa.
2. This agreement is made for the purpose of meeting the subdivision regulations
and plat approval requirements of the City for approval of the subdivision plat 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.
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 OF AME , IOW OWNERS
By
John aila, Mayor Roger Reirliart
Atte
:Dianer'R:Voss, City Clerk J Reinhart
STA.1 E-0 0A,i000NTY OF STORY,ss:
Y; —�2018,before me,a STATE OF IOWA,COUNTY OF BOONE ss:
On•this••� da of:i.0•l..l
1Jbtary Pu61ic ir;`•and for the State of I wa, personalty appeared
.!' John rH iii :'and`Dia�e R.,Voss, to me ersonall known and who, This i 2 p y I�rCrument was acknowledged before me on
`f>ejnytnye dN¢y� orris did,say that they are the Mayor and City 7 2018, _ r R`inhart and John Reinhart.
a.Gherk, -�espectiuely,� f,the.City of Ames, Iowa; that the seal
qe. �affiIxtd t the-�fd�eeoin..instrument is the corporate seal of the 1�
'r.corporation; and that:the instrument was signed and sealed on Notary ublic in and r the State of low
,...
behalf of the corporation, by authority_of its City Council, as
contained in Resolution No.jai &S adopted by the City
Council on the - 51- day of, 2018, and that JOHN D.J. RWQ13
John Haila and Diane R. Voss acknowfe ed the execution of the 11t7[lBslon� �
instrument to be their voluntary act and deed and the voluntary act M CoR1A1i991Of1 Exd
and deed of the corporation,by it voluntarily executed, April 1,2019
e
Notary Public in and for the State of Iowa
, HEIDI R. PETERSEN
Commission Nttmber 800253
'�P ' M O m ission Expires
-7 .Qor9
DO NOT WRITE IN THE SPACE ABOVE THIS LINE; RESERVED FOR RECORDER
Prepared By: John D.Jordan,615 Story Street, P.O.Box 219,Boone, Iowa 50036 (515)432-4510
Return Recorded Document To: John D, Jordan,615 Story Street,P.O.Box 219,Boone, Iowa 50036
COVENANT AND AGREEMENT FOR ANNEXATION
THIS COVENANT AND AGREEMENT is made and entered into effective the
5 day �u`of , 2018, by and between the City of Ames, Iowa (hereinafter
called "City") and Roger Reinhart and John Reinhart (hereinafter called "Owners"), their heirs,
successors and assigns.
WITNESSETH THAT:
The parties hereto have agreed and do agree as follows:
1. Owners are the legal owners of record of Real Estate legally described as follows:
West half ('/z) of Southwest quarter ('/a) and Lot two (2) in Southwest quarter ('/4) of
Northwest quarter ('/4) of Section thirty-five (35), Township eight-four (84) North, Range
twenty-five (25), West of the 5`' P.M., Boone County, Iowa. Continuing on to be known as
Reinhart Farms Subdivision, Ames, Story County, Iowa.
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 approval of a plat of survey for Real Estate 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.
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,
after due and careful consideration, conclude that the annexation of said Real Estate to the City
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.
S. Owners agree that upon annexation all municipal regulations and requirements,
includingbut not limited to zoning, subdivision and other ordinances shall apply to the Real
g> PP Y
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 Boone
and/or 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.
10. This Agreement shall be enforceable in any court of competent jurisdiction by any
of the parties hereto by any appropriate action at law or in equity to secure the performance of
the covenants herein contained. 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 representative signatories effective the date first written above.
CITY OF AME , IOW OWNERS
' -
BY
...Jo
hn aila, Mayor . Roger Reinhart
City Clerk JJ Reinhart
':ST TEjOF•10.�yA; OU' Y OF STORY,ss:
jOn th s?: °%r,v'Nd.1 of;U (l 1 2018,before me,a STATE.OF IOWA,COUNTY OF BOONE ss:
py No�ary Rb lic'in'andt.f the State of l a, personally appeared
41phn„Haila nd.Diaite R. Voss, to me personally known and who, This instrununt was acknowledged before me on
~being by-me duly sworn,did say that they are the Mayor and City St 18 by Roger Reinhart and John Reinhart.
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 Nota Public in a for the State of own
behalf of the corporation, by authority of its City Council, as
contained in Resolution No.i`b'`f(rS adopted by the City
Council on the�l_tr day of t-� C , 2018, and that JN 06 JORUM
John Haila and Diane R, Voss acknowledged a execution of the commission Number 121633
instrument to be their voluntary act and deed and the voluntary act My Commission Expires
and deed fthe corporation,by it voluntarily executed. April 1, 2019
�I0 _6 'e"e'y—A)
Notary Public in and for the State of Iowa
*P< < , HEIDI R. PETERSEN
0 `;Commission Number 800253
M m ion Explre8
ow r•
JORDAN & MAHONEY
I-A tit' I' I It M. P. C.
Integrity, Expertise, UniguelyLocal
Return to: Preparer
Preparer: John D. Jordan, 615 Story St., P.O. Box 219, Boone, IA 50036; 515-432-4510
R SPACE ABOVE THIS LINE FOR RECORDER
May it)_, 2018
ATTORNEY CERTIFICATE OF TITLE HOLDER FOR PLATTING PURPOSES
Pursuant to Section 354 . 11, Code of Iowa, 2017, I have
examined an abstract of title to the real estate hereinafter
described. Such abstract is from the root of title, it contains
155 entries and is certified to the 2nd day of March, 2018, at 7 : 45
a.m. , by Boone County Abstract Company, finds as follows:
LEGAL DESCRIPTION:
West half (',�) of Southwest quarter (1-4) and Lot two (2)
in Southwest quarter (;-4) of Northwest quarter (1-4) of
jordanmahoney.com
C Richard T.Jordan(Retired)Michael F.Mahoney 615 Story St. 114 S.Kennedy Ave. 501 Bank St.
a John D.Jordan P.O.Box 219 P.O.Box 147 Suite 2
Ryan J. Mahoney Boone, IA 50036 Madrid, IA 50156 Webster City,IA 50595
Meredith C,Mahoney Nere m p 515.432-4510 p 515.795.3641 p 515-835.7432
o John R.Flynn f 515-432.2426 f 515.432.2426 f 516-432-2426
Nicolas G.Fontanini
Section thirty-five (35) , Township eighty-four (84 )
North, Range twenty-five (25) , West of the 5th P.M. ,
Boone County, Iowa .
MARKETABLE TITLE:
Roger Allen Reinhart and John Martin Reinhart, as tenants in
common, who have consented to the proposed minor subdivision.
ENCUMBRANCE:
At Entry No. 146 there is a first mortgage executed by John
M. Reinhart, Executor and Roger A. Reinhart, Executor of the
Beverly Jean Reinhart Estate, on the above-described real estate
to VisionBank of Iowa, in the original amount of $85, 150 . 00 dated
June 9, 2017, and recorded June 23, 2017, as Instrument No. 172588
in the office of the Boone County Recorder. THIS MORTGAGE IS A
FIRST AND PARAMOUNT LIEN AGAINST THE REAL ESTATE AND IS DUE JUNE
9, 2037 .
ZONING:
LEIN SEARCH:
Entry 154 of the abstract indicates that a judgment for Court
costs against John Martin Reinhart remains outstanding.
Respectfully submitted,
JORDAN & MAHONEY LAW FIRM, P.C.
By
Jordan
JDJ/krh
Return to: Preparer
Preparer: John D. Jordan, 615 Story St., P.O. Box 219, Boone, IA 50036; 515-432-4510
SPACE ABOVE THIS LINE FOR RECORDER
ACCEPTANCE BY BOONE COUNTY, IOWA ENGINEER
I, Scott H. Kruse, acting Boone County Engineer, hereby accept
and consent to the subdivision of this real estate to Reinhart
Farms Subdivision, in accordance with a Plat of Survey by Marlee
A. Walton, P. E. , dated July 30, 2018 :
West half ('-�) of Southwest quarter (144) and Lot two (2)
in Southwest quarter (1-4) of Northwest quarter (1-4) of
Section thirty-five (35) , Township eighty-four (84)
North., Range twenty-five (25) , West of the Sth P.M.
Boone County, Iowa.
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 7 day of 0 6'U,s , 2018 .
Scott H. Kruse
JOHN DL JORDAN
0MTn WM Number 121633
My COMA.s m Expires
April 1,2019
Boone County Iowa
Department of Planning and Development
August 7, 2018
To Whom This May Concern:
RE: Subdivision approval — SW/4 SW % Section 35-84-25
Known as 2221 2201h St., Beverly Rienhart Property.
Michael J. Salati, Sr.
Director
Wanda Cox Please be advised that the Director of Planning and Development of Boone
Administrative Assistant County has hereby approved the above referenced subdivision as indicated
in the Land Division Determination Form dated March 14, 2017.
Mailing Address Sincerely,
Boone County Courthouse
Room 200 .
201 State Street
Boone. Iowa 50036 Michael J. Salati, Sr.
Director, Planning and Development
Phone
515-433-0550 MJS/pc
Fax
515-432-1636
Web
www.boonecou"t .iowa.gov
Board of Supervisors
Chad Behn
Steve Duffy
Bill Zinnel