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HomeMy WebLinkAbout~Master - Bicycle Pathway - Hunziker, Furman, & Friedrich - Somerset Subdivision, 6th Add. 3 f ' 02 - 04239 RETURN TO: INST.NO. p S70RY COUNTY,IOWA FILED FOR RECORD MIES CITY CLERK D Bog 811 AM MAR 18 2002 G AMES IOWA 50010 F� SUSAN L.VANDE KAMP,Recorders REC.FEE$_heQE AUD.FEE$ DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark Avenue,Ames,Iowa 50010(Phone: 515-239-5146) BICYCLE PATHWAY EASEMENT THIS AGREEMENT, made and entered into effective as of the 27' day of November, 2001,by and between the City of Ames, Iowa, (hereinafter called"City"), and Erben A. Hunziker Revocable Trust, dated July 29, 1992, Donald and Ruth Furman Revocable Trust, dated March 1, 1991,and R.Friedrich&Sons,Inc.,their successors and assigns,(hereinafter called"Developers"), witnesseth that: 1. Developers shall, in consideration of the Quit Claim deed to vacated alley land pursuant to City resolution No. 01-536, construct a bicycle path to City specifications on land described as: A strip of land twelve feet wide abutting all along the west line of Lots 18 through 75 in Somerset Subdivision, Sixth Addition,Ames, Story County, Iowa, 2. Developers shall maintain the said bicycle path in good and useable condition and shall at all times permit the use of the said bicycle path by the general public. 3. Developers shall install landscaping along the bicycle path to screen the apartment lots west of the said vacated alley from single-family lots east of the vacated alley. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed by their duly authorized representatives. STATE OF COUNTY fy //f On this Co_day c 2002, �/ before me,the undersigned,a Notary Public in and for the By: 4 State of Iowa, personally appeared Erben A. Hunziker, Erben A. Hunziker, Trustee of the Trustee of the Erben A. Hutlziker Revocable Trust, Dated Erben A. Hunziker Revocable July 29,1992,to me known to be the identical person named in and who executed the foregoing instrument, and Trust, Dated July 29, 1992 acknowledged that the person,as the fiduciary,executed the instrument as the voluntary act and deed of the person and of the fiduciary. to ..�., ' ^O0 010 1Ci12o1 6. R ' c..i By: 4 .. By Donald M. Furman, Co-Trustee of Ted Tedesco, Mayor the Donald and Ruth Furman City of Ames, Iowa Revocable Trust,Dated March 1, 1991 Bye " I L�✓1�)T.ULIJ, By: Diane R. Voss, City Clerk Ruth W. Furman, Co-Trustee of the City of Ames, Iowa the Donald and Ruth Furman Revocable Trust, Dated March 1, STATE OF IOWA,STORY COUNTY ss: 1991 On this 1 day of MC 'Ck 2002,before me,a Notary Public in and for the State of Iowa,personally � appeared Ted Tedesco and Diane R.Voss,to me personally STATE OF COUNTY known,and,who,being by me duly sworn,did say that they On this day of 2002, are the Mayor and City Clerk, respectively, of the City of before me,the undersigned, a Notary Public in and for the Ames,Iowa;that the seal affixed to the foregoing instrument State of Iowa,personally appeared Donald M. Furman and is the corporate seal of the corporation, and that the Ruth W. Furman, Co-Trustees of the Donald and Ruth instrument was signed and sealed on behalf of the Furman Revocable Trust,dated March 1,1991,to me known corporation,by authority of its City Council,as contained in to be the identical persons named in and who executed the Resolution No.01-53t0 adopted by the City Council on foregoing instrument,and acknowledged that those persons, the Al* day of 4 ,2001 ,and that Ted as the fiduciaries,executed the instrument as the voluntary Tedesco and Diane R.Voss acknowledged the execution of act and de dAEY the instrument to be their voluntary act and deed and the Number 221291 voluntary act and deed of the corporation,by it voluntarily executed. Not iry lic in andh 5,2005 Notary Public in and for S ory unty,Iowa By: r Reinhard K. Fredric , President , JILL L. RIPPERGER o JILL #146549 R. Friedrich & Sons, Inc. Zom* MY COMMISSION EXPIRES 1OWA 3-17 - 2003 By: Robert K. Friedd4h, Jr., Vice President R. Friedrich& Sons, Inc. STATE OF IOWA,STORY COUNTY ssA On this -P- day of /� RACA- 2002,before me, a Notary Public in and for Story County, Iowa,personally appeared Reinhard K.Friedrich and Robert K.Friedrich,Jr.,to me personally known,who being by me duly sworn, did say that they are the President and Vice President respectively of R.Friedrich&Sons,Inc.,that the seal affixed to said instrument is the seal of said corporation, or no seal has been procured by the said corporation,and that said instrument was signed and sealed on behalf of said corporation by authority of its board of directors and the said Reinhard K. Friedrich and Robert K. Friedrich, Jr., acknowledged the execution of said instrument to be the voluntary act and deed of said corporation by it voluntarily executed. �11p1AC , JILL L. RIPPERGER { ' COMMISSION## 146549 Notary Public in and for Story ounty,Iowa * MY COMMISSION EXPIRES 2