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HomeMy WebLinkAboutA004 - Third Amendment to Somerset Agreement i THIRD AMENDMENT TO THE AGREEMENT FOR REZONING, PLATTING AND DEVELOPMENT OF SOMERSET SUBDIVISION d THIS AGREEMENT is made and entered into effective the Zn J~UA1 C,day of , 1999 by and between the CITY OF AMES, IOWA ("City); and ERBEN A. HUNZIKER, TRUSTEE OF THE ERBEN A. HUNZIKER REVOCABLE TRUST, DATED JULY 29, 1992; DONALD M. FURMAN and RUTH W. FURMAN, CO-TRUSTEES OF THE DONALD AND RUTH FURMAN REVOCABLE TRUST, DATED MARCH 1, 1991; and, R. FRIEDRICH & SONS, INC., their successors and assigns (all hereinafter collectively called "Developers"),to AMEND that one certain agreement between the aforesaid parties dated April 8, 1997 entitled: AN AGREEMENT PERTAINING TO THE REZONING, SUBDIVISION PLATTING AND DEVELOPMENT OF LAND IN THE CITY OF AMES TO BE CALLED SOMERSET SUBDIVISION. NOW, THEREFORE, in consideration of the foregoing and other good and valuable consideration, the receipt of which is hereby acknowledged, the parties agree that the aforesaid agreement shall be and is hereby amended as follows: 1. The attached drawing entitled Somerset Subdivision Zoning Map is added to Appendix A as a supplement to show the revised boundaries of zoning districts. In all other respects, the said Agreement shall remain the same. IN WITNESS WHEREOF,the parties hereto have caused this Agreement to be executed effective as of the date first above written. ' r CITY OF ES, I Attest by. By: Ted Tedesco, Mayor Diane Voss, City Clerk STATE OF IOWA,STORY COUNTY ss: On this aa^ day of JL"IL 19gq,before me, a Notary Public in and for the State of Iowa,personally appeared Ted Tedesco and Diane R.Voss,to me personally known,and,who,being by me duly sworn,did say that they are the Mayor and City 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 behalf of the corporation, by authority of its City Council,as contained in Resolution No. qQ-�(�o adopted by the City Council on the f'day of -J i�Cl 19�, and that Ted Tedesco and Diane R. Voss acknowledged the execution of the instrument to be their voluntary act and deed and the voluntary act and deed of the corporation,by it voluntarily executed. -I&- z &P�W � Notary Public in and for S ory Colyty,Iowa DEVELOP By: Er n A. Hunziker, Trustee of kie Erben A. Hunziker Revocable Trust, Dated July 29, 1992 STATE OF IOWA,STORY COUNTY ss: On this-day o 1999,before me,the undersigned,a Notary Public in and for the State of Iowa, personally appeared Erben 6Aunziker,Trustee of the Erben A. Hunziker Revocable Trust, Dated July 29, 1992,to me known to be the identical person named in and who executed the foregoing instrument,and acknowledged that the person,as the fiduciary,executed th ins ment as the voluntary act and deed of the person and of the fid ' ry. 0 IILLLARY A.HOWEPM otary Public inXnd for Story County,Iowa By: n By: � Donald M. Furman, Co-Trustee of Rutt W. Furman, Co-Trustee of the the Donald and Ruth Furman Revoc- Donald and Ruth Furman Revocable able Trust, Dated March 1, 1991 Trust, Dated March 1, 1991 STATE OF IOWA,STORY COUNTY ss: On this M-day ofcf��- , 1999,before me,the undersigned,a Notary Public in and for the State of Iowa, personally appeared DonalcW. Furman and Ruth W. Furman, Co-Trustees of the Donald and Ruth Furman Revocable trust, Dated march 1, 1991,to me known to be the identical persons named in and who executed the foregoing instrument,and acknowledged that those persons,as the fiduciaries,executed the instrument as the voluntary act and deed of the persons and of the fiduciary. HLLLARY A.HOWARD 'otary Public and for Story County,Iowa W WISSIOND IRES owe By: C By: Rel and K. Friedrich, P esident R bert K. Friedrich, Jr., Vice President R. Friedrich& Sons, Inc. R. Friedrich& Sons, Inc. STATE OF IOWA,STORY COUNTY ss: On this day of 19_,before me,a Notary Public in and for Story County,Iowa, personally appeared Reinhard K. Fri ich 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. HIUMY A.HOWARD Notary Public in for Story County,Iowa W OMMUSUM EXPIRES lawlsomerset.603 s a' o � U F O K b z N wp POLK DR. N� �2 STEVENSON 0 rc R1-6* DR. R1-6* R. DR. R-2* �N N� R-3* NORTNRIDO Pi N R1-6* �Jy 9L O�yMR pP N N R1-6* Nys R * A w R1-6 �p ® IIITII�—�yl� h �,fN DR. w 6 -3* A-1 A-1 r r vSB R. S �� �RO DR. DR. w _K a ES � C m y K Somerset Subdivision N Zoning Map *Asterisk indicates a Planned Unit Development (PUD) 400 0 400 800 Feet City of Ames-Department of Planning and Housing