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HomeMy WebLinkAboutA011 - Agreement for Sidewalk dated March 21, 2000 F- INST.NO. STORY COUNTY, IOWA FILED FOR RECORD 't"T MAR 2 9 2000 Pm SUSAN L.VAN P,Recordw B F9 PREPARED BY: Franklin J.Feilmeyer,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:515-239-5000 AGREEMENT FOR SIDEWALK The parties to this Agreement are Terra Firma, L.P.., an Iowa limited partnership; Everett W. Cochrane and Marjorie L. Cochrane, husband and wife; Jensen Development Corporation, LTD, an Iowa corporation; and Erben A.Hunziker as Trustee of the Erben A.Hunziker Revocable Trust dated July 28, 1992, 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 platting a subdivision of real estate per chapter 23 of the Municipal Code of Ames,Iowa,to be known as Fourth Addition,Dauntless Subdivision,Ames,Iowa; Whereas,the Owners are required to construct a sidewalk as part of the platting procedure of the City. Now,therefore,in consideration of the premises,it is hereby understood and agreed that: I. The Owners shall construct a sidewalk as required by the City for said Subdivision, in accordance with plans and specifications on file with the City's engineers and by this reference made a part of this agreement,before any City building or zoning permit will be issued with respect to said subdivision; or, in the alternative, owners may obtain said permits and proceed with construction pursuant to said per- mits, with the understanding that an"occupancy permit"under City ordinances shall be withheld until the sidewalk is completed as aforesaid;and,further,that if the sidewalk is not completed as aforesaid within 24 months of the issuance of the permits,the said permits shall be revoked,null,and void. 2. This Agreement shall be filed for record in the office of the Story County Recorder and all covenants, agreements,promises and representations herein stated shall be deemed to be covenants run- ning with the land and shall endure and be binding on the parties hereto,there successors and assigns,for a period of twenty-one years from the date of these covenants,unless claims to continue any interest in the covenants are filed as provided by law. Dated this day of ,2000. CITY OF AMES,IOWA t a � BY Paul Wiegand � ;~ . Director of Public Works of .ti y f ! TERRA FIRMA,L.P. ;;* r BY: EV COCHRANE&ASSOCIATES,INC., Gene'i6f 1'nrtner A' Everett W. Cochrane,President EVERETT W. COCHRANE MARJO L. CdCHRkNE FJF 200003211015 SHARP,JAHN,FEILMEYER&FEILMEYER,p1c Attomeys at Law•Ames,Iowa CC) PY � r- �. G SYDEWALKAGREEMENT—FOURTHADDITwN,DAUNTLESSSumlviSION Page 2 JENSEN DEVELOPMENT CORPORATION,LTD. BY: n Dickson D. sen,Pres' e t ERBEN A.HUNZIKER as Trustee of the ERBEN A.HUNZIKER REVOCABLE TRUST dated July 28, 1992 STATE OF IOWA,COUNTY OF STORY,SS: On March 2(,2000,before me,the undersigned,a Notary Public in and for said state,personally appeared Everett W. Cochrane,to me personally known,who,being by me duly sworn did say that the person is the President of Ev Cochrane&Associ- ates, Inc., an Iowa business corporation, the CORPORATE GENERAL PARTNER of Terra Firma, L.P., an Iowa LIMITED PARTNERSHIP,executing the foregoing instrument,that NO SEAL has been procured by the corporation;that the instrument was signed on behalf of the corporation as general partner of Terra Firma,L.P.,an Iowa limited partnership,by authority of the corpora- tion's Board of Directors;and that Everett W.Cochrane as that officer acknowledged execution of the instrument to be the voluntary act and deed of the corporation and limited partnership by it and by the officer voluntari ycuted W-U) SE K.1AcCULLOUGH , [Seal] EXPIRES1-- - 1 NOTA YPUBLIC STATE OF IOWA,COUNTY OF STORY,SS: i On March 2000,before me,the undersigned,a Notary Public in and for said State,personally appeared Everett W. Cochrane and Marjorie L.Cochrane,husband and wife,to me known to be the PERSONS named in and who executed the fore- going instrument,and acknowledged that the persons executed the same as the per:ri�olun act a deed. '" RUSS IL MCCULLOUGH [Seal] MYCOMRS810 EXPIRES rowa ©� TIOTARY PUBLIC STATE OF IOWA,COUNTY OF STORY,SS: On March 2.1 ,2000,before me the undersigned,a Notary Public in and for said state,personally appeared Dickson D. Jensen,to me personally known,who,being by me duly sworn,did say that he is the President of Jensen Development Corporation, LTD.,executing the foregoing instrument;that no seal has been procured by the said corporation;that said instrument was signed on behalf of said corporation by authority of its Board of Directors;and that the said Dickson D.Jensen as such officer acknowledged the execution of said instrument to be the voluntary act and deed of said corporation,by it and by him voluntarily executed. ERIK J.CHARTER MY COMMISSION EXPIRES [Seal] awa a^13-0-0 IN PUBLIC STATE OF IOWA,COUNTY OF STORY,SS: On March Z 1 ,2000,before me,the undersigned,a Notary Public in and for said state,personally appeared Erben A. Hunziker,tome known to be the identical person named in and who executed the foregoing instrument,and acknowledged that the person,as the FIDUCIARY,executed the instrument as the voluntary act and deed of the person and of the fiduciary. V M [Seal] ,0 , u g c o NOTARY PUBLIC FJF 200003211015 SHARP,JAHN,FEILMEYER&FEILAfEYER,plc Attorneys at Law•Ames,Iowa 00 ® Q3 1