HomeMy WebLinkAboutA003 - Agreement for Shared Use Path dated April 18, 2014 Instruaent:2014- 000040%
ti Date-Jun 02r2014 11:24:55A
D Rec Fee: 15.00 E-Coa Fee: 1.00
6 Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
Mon-Standard Page Fee: .00
Filed for record in Story Counter Iowa
Susan L. Vande Kamer County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE;RESERVED FOR RECORDER
Prepared by:Jessica D.Spoden,City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010;(515)239-5146
Return to: Ames Cijy Clerk 515 Clark Ave.,Ames IA 50010
RETURN TO: STUMBO & ASSOCIATES — B9X 1664 — AMES IOWA 50010
AGREEMENT FOR SHARED USE PATH
FOR 701 S.DUFF AVENUE
The parties to this agreement are Hunziker Properties, L.L.C., their successors and
assigns, and E-M Hunziker, L.L.C., their successors and assigns, (hereinafter referred to as
"Owners") and the City of Ames, Iowa(hereinafter referred to as"City").
WHEREAS, the Owners are in the process of submitting a plat of survey for the real
estate located at 551-705 S. Duff Avenue per Chapter 23 of the Municipal Code of Ames, Iowa,
to be known as 701 S. Duff Avenue, Ames, Story County, Iowa; and
WHEREAS, the Owners are required to construct a shared use path along all frontage of
each and every lot(s) created by the plat of survey as part of the platting procedure of the City.
l
NOW, THEREFORE, in consideration of the premises, it is hereby understood and
agreed that:
1. The Owners shall construct a shared use path as required by the City along the
frontage for each and every lot(s) created by said plat of survey, in accordance with the plans and
specifications on file with the City's engineers and by this reference made a part of this
agreement before any city zoning/building permit will be issued with respect to any and all lot(s)
created by the plat of survey. In the alternative, Owners may obtain said permits and proceed
with construction pursuant to said permits with the understanding that an "occupancy permit"
under City ordinances shall be withheld with respect to any building that abuts on a segment of
the frontage for which said shared use path has not been completed until the shared use path is
completed as aforesaid. Further, if the shared use path is not completed as aforesaid for the
segment of the frontage abutting the building within twenty-four (24) months of the issuance of
the zoning building permit for that building,the said building permit shall be revoked and be null
and void with respect to that building.
2. This agreement shall be filed of record in the office of the Story County Recorder
and all covenants, agreements, promises and representations herein stated shall be deemed to be
covenants running with the land and shall endure and be binding on the parties hereto, their
successors and assigns, for a period of twenty-one (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.
I J
Dated this day of�v_�,__•_, 2014.
HUNZIKER PROPERTIES,L.L.C. CITY OF AMES,IOWA
By By
C-._
Dean . Hunziker,Manage hn Joiner,Direc or of Public Works
E-M HUNZIKER,L.L.C.
Dea E. Hunziker,Manage
STATE OF IOWA,COUNTY OF STORY, ss: STATE OF IOWA, COUNTY OF STORY,ss:
This instrument was acknowledged before me on This instrument was acknowledged before me on
a by Dean E. Hunzkier as M�LA 13. 3 G'I`( , by John Joiner as Director of
Maanifgy Hnnzkier Properties,L.L.C. Pub i ks fbi�� of)m es,Iowa., W "XJ Notary Public in anddjfor the State of Iowa
Notary Public in and for the State of Iowa
r ,
STATE OF IOWA,COUNTY OF STORY,ss:
Di
Ili .�/i s
This instrument was acknowledged before me on * ftwomholaft foil"
A 2U by Dean E. Hunziker as �pp�
Mana ofE- Hunziker,L.L.C. r� �
IF-
Notary Public in and for the State of Iowa )' xti 'x ti
Y N•.:- r
N
�. CHARLES E.%VINKLEBIACK
�commission Number 747077
M mmission Expires
�P y -7�:. 2016
fig. �