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Home My Public Portal AboutResolutions_22-31_7/19/2022 RESOLUTION NO.22-31 RESOLUTION APPROVING AMENDED COVENANTS TO COUNTRY VIEW SUBDIVISION—FIRST ADDITION TO MARCUS IOWA WHEREAS, the City of Marcus owns real estate in the platted subdivision known as Country View Subdivision—First Addition to the City of Marcus, Iowa; WHEREAS, all owners of real estate within the following described real estate have an interest in the amendments thereof: COUNTRY VIEW SUBDIVISION—FIRST ADDITION TO MARCUS,IOWA as shown in the Plat of Country View Subdivision—First Addition to Marcus Cherokee County,Iowa recorded on January 8,2018 in Book 2018 page 0050. WHEREAS, City approval is a contingent on the amendment of said restrictive covenants; WHEREAS,the City Council has determined that it is in the best interests of the public to permit certain lot division or re-platting that was not anticipated at the time of original platting, to extend the duration of the restrictive covenants, and to otherwise approve of a less ambiguous method of future modification thereof. NOW,THEREFORE,be it resolved by the City Council of the City of Marcus, Iowa, that the City Council does hereby authorize the approval of the attached Amended Covenants of Country View Subdivision—First Addition to Marcus, Iowa; PASSED AND APPROVED THIS 11 '`DAY OFJ)-1 _,2022. Patrick J. Bunt,Mayor „v./0641 thweAz ATTEST: Robin A. Harvey, City Clerk ATTACHMENT: AMENDED COVENANTS COUNTRY VIEW SUBDIVISION—FIRST ADDITION TO MARCUS,IOWA AMENDED COVENANTS COUNTRY VIEW SUBDIVISION—FIRST ADDITION TO MARCUS,IOWA The City of Marcus, Iowa designated Lots 1-5 in the Final Plat of Country View Subdivision—First Addition to Marcus, Cherokee County, Iowa and adopted covenants for the benefit of the owners which was recorded on January 8, 2018 in Book 2018 Page 0050 with the Office of the Recorder for Cherokee County, Iowa(hereinafter the"Covenants"). The City of Marcus by anonymous consent of the owners of Country View Subdivision— First Addition desire to amend the Covenants as follows: 1. The Covenants shall be amended by deleting Paragraph 3 entirely and inserting in lieu thereof: 3) Lots may be subdivided into smaller building lots so long as the dimensions conform with the minimum lot restrictions for new development found in the City of Marcus Zoning Code of Ordinances. Additional lots or portions thereof may be added to an existing lot to provide larger yard or building sites. 2. The Covenants shall be amended by deleting both paragraphs following paragraph 17 their entirety and inserting in lieu thereof: 18)Duration: These covenants, conditions, or restrictions shall run with the land and be binding on all parties and all person or entities claim by,through, or under them until July 1, 2042, at which time the covenants shall be automatically extended for successive 20-year periods on the filing of a verified claim by the owner of any one lot in the subdivision,pursuant to Section 614.24 of the Iowa Code,unless otherwise modified. These Covenants may be amended or changed prior to July 1, 2042 and anytime thereafter by a vote of the majority of the lot owners for properties contained within the Country View Subdivision—First Addition to Marcus, Iowa of Lots 1 through 5. Each full lot, as originally platted, shall have one vote. If a lot was or becomes divided,then each owner of the after- divided lot shall have a pro-rata vote based on the ownership percentage of the lot,with the cumulative votes not to exceed one vote for the whole lot as originally platted. All said changes must be in writing and evidenced by recordation in the Office of the Cherokee County Recorder. Any said changes to be effective upon the date of recording. 19) These Covenants shall be enforced by proceedings at law or equity against any person, corporation, or entity violating or attempting to violate the same, to restrain or enjoin the violation or to recover damages. Since the amount of damage resulting from the breach of these covenants maybe difficult to ascertain, the purchasers of lots in the subdivision consent to the enforcement of these covenants by injunction,not only to ensure specific performance but also to treat these covenants in such a way that enforces the covenants as an equitable servitude. 20) Severability: Invalidation of any of these Covenants by Court Order or Judgment shall in no way affect the validity of the remaining covenants which shall remain in full force and effect. 3. This the Amended Covenants shall be effective upon(1) approval of the parties hereto, (2) approval by the City of Marcus, Iowa, and(3)recorded in the Office of the Recorder for Cherokee County,Iowa. WHEREFORE,the Covenants of the Country View Subdivision—First Addition are amended by vote of each of the signatures below, signed the date opposite their name,with notary blocks to follow on the respective pages. Lot Vote Name Signature and Title Date count (if licable) ��y� 1 1 CITY OF MARCUS,IOWA �� ,� Grr`U 7- J q-2 o - 2 1 THOMAS E. BINDNER AS � �� 7_ �9� 0 2 Z TRUSTEE OF THE THOMAS E. U� BINDNER REVOCABLE TRUST UTD 5-24-17 (1/2 interest) and - -aOZZ LINDA S. BINDNER AS TRUSTEE 44;4h- Llid(---),C OF THE LINDA S. BINDNER REVOCABLE TRUST UTD 5-24-17 3 1 CITY OF MARCUS,IOWA 4 1 CITY OF MARCUS, IOWA -2-'4,a0dg- 5 1 CITY OF MARCUS, IOWA �� ` STATE OF IOWA ) ss. COUNTY OF CHEROKEE ) This instrument was acknowledged before me on this 1 day of (� , 2022,by Thomas E.Bindner,Trustee of the Thomas E. Bindner Revocable Trust UTD 5/24/2017 and Linda S. Bindner,Trustee of the Linda S. Bindner Revocable Trust UTD 5/24/2017. o0(S' ROBIN HARVEY . - Commission Number 817636 t; r My Commission expires Notary Public in and for the State of Iowa. • •IOWA June 25,2025 STATE OF IOWA ) ss. COUNTY OF CHEROKEE ) This instrument was acknowledged before me on this 5 day of JuJ4j ,2022. by Patrick J. Bunt,Mayor, and Attested by: Robin A. Harvey, Clerk, of the City of Marcus,Iowa. o4t I S ROBIN HARVEY ^ Commission Number 817636 �'` My Commission2025 expires "'" June25, NotaryPublic in and for the State of Iowa. • IOWA • VO.A V ° rue 32 3032 • y LIVA Cswwleaiou sxbiLE2 ICOWWI221osJ ynwpac 8J1e3e -4, v.I ;i• cc, E{OBit�i 1-1V AEA --s OMV• inus 32'So32 Rix Cauw12210u exbns2 0 a CouJum2iouynwpaL8J1B3@ yiK(et ' iiO8149 HVWSAEA AMENDED COVENANTS TO COUNTRY VIEW SUBDIVISION—FIRST ADDITION TO MARCUS,IOWA Recorder's Cover Sheet Preparer: Alyssa A. Herbold, P.O. Box 100, Cherokee, Iowa 51012 Return Document To: Alyssa A. Herbold,PLC 427 W. Main St., P.O. Box 100, Cherokee, IA 51012