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HomeMy WebLinkAboutA043 - First Amendment to Restrictive Covenants for Baker Subdivision signed April 23, 2024 Instr. Number: 2024-02923 Recorded: 5/9/2024 at 3:15:13.0 PM County Recording Fee: $12.00 Iowa E-Filing Fee: $3.22 Combined Fee: $15.22 Stacie L. Herridge - Recorder Transfer Tax: Story County, Iowa SPACE ABOVE RESERVED FOR OFFICIAL USE Return document to City Clerk,515 Cladc Avenue—P.O.Box 811,Ames IA 50010 Document prepared try: Mark O.Lambert,City ofAmes Legal Deparhnmt,515 Clads Ave.,Ames,IA 50010—515-239-5146 FIRST AMENDMENT TO RESTRICTIVE COVENANTS FOR BAKER SUBDIVISION,AMES, IOWA WHEREAS, the City of Ames, Iowa, (hereinafter "City) adopted certain Restrictive Covenants, filed January 6,2022,as Instrument No.2022-00200; and WHEREAS, the City continues to be the titleholder and owner of multiple lots in Baker Subdivision and retained the right to amend the Restrictive Covenants until such time as the City no longer owns a Lot(as that term is defined in the Restrictive Covenants)within the subdivision; and WHEREAS,the City has determined that the Restrictive Covenants should be amended. NOW THEREFORE,the City amends the Restrictive Covenants as follows: 1. Paragraph 7(h) is deleted therefrom and Substituted Paragraph 7fhl is inserted in lieu thereof All homes must utilize and connect to the geothermal wells installed within the reserved public utility easements located in the rear yards of each Lot. The affirmative requirement imposed herein to utilize and connect to the geothermal wells shall expire on July 1,2034. 2. Paragraph 12 is amended by adding the following sentence to the paragraph: Notwithstanding the foregoing, at such time as the City no longer owns a Lot within the subdivision,the owners of Lots may not amend,diminish,delete or supplement the requirement for the homes to utilize and connect to the geothermal wells without the written consent of the City. 1 Passed and approved only// Z 3 ,2024,by Resolution No.24- adopted by the City Council of the City of Ames,Iowa. CITY OF AMES,IOWA n, ;.. I John A. Haila,Mayor ti �v. r: Attest: Renee hall,City Clerk x STATE OF IOWA,COUNTY OF STORY,SS.: This instrument was acknowledged before me on ,2024,by John A. Haila and Renee Hall,as Mayor and City Clerk,respectively,of the City of Ames,Iowa. GRACE DANDWRA ARY P C • Mll Can oll"6iplaa 2