HomeMy WebLinkAboutA004 - Agreement - Restrictive Covenant Instrument Prepared By:
Frank B. Johnston, P.O. Box 847, Ames, Iowa 50010-0847; 515-232-1761
AGREEMENT - RESTRICTIVE COVENANT
RE: Outlot "Y", Second Addition, Dayton Park Subdivision, Ames, Iowa
THIS AGREEMENT is made by and between the City of Ames,Iowa("City")
and Dayton Park, L.L.C. ('Proprietor"), WITNESSETH:
WHEREAS, Proprietor has submitted to the City of Ames, Iowa, for its
approval, a final plat of Second Addition, Dayton Park Subdivision, Ames, Iowa; and
WHEREAS, the City has identified the need and the requirement for a future
street to be known as 'Bell Avenue" to be located across Outlot "Y" of said subdivision,
which street shall require a minimum right-of-way of 80 feet for its entire distance, said
street to extend from the north line of Outlot "Y" to the south line thereof, the precise
location of said street having not yet been determined; and
WHEREAS, it is desired that there be an agreement between the Proprietor
and the City with respect to the future use of said Outlot "Y."
NOW THEREFORE, in consideration of the aforesaid, the parties have
agreed and do promise and agree as follows:
1. Proprietor agrees that it shall, by an appropriate instrument of
dedication, or deed, grant, convey and dedicate to the City land for a street across said
Outlot "Y," said street to extend from the north line of said Outlot "Y" to the south line
thereof, with a width of not less than 80 feet for its entire distance, the exact location of
said street to be determined by the City, without any additional payment or consideration
being paid to Proprietor therefor, at such time as the City directs.
2. The aforesaid covenants, conditions and restrictions shall operate as
covenants running with the land for the benefit of any and all persons who may now or
hereafter own any part of the real estate described herein; and any of such persons and the
City shall have a right to enforce these covenants, conditions and restrictions through all
available proceedings at law or in equity against the person or persons violating or failing
to perform the same.
9�7- 11265 ( I ��
3. The covenants, conditions and restrictions herein contained shall be
binding upon all successors and assigns of the Proprietor.
IN WITNESS WHEREOF, the undersigned have caused this instrument to
be executed this OV*'�' day of October, 1997.
DAYTON Y, L.L.C. CITY OF S, IO A
By L 13
De E. Hunzi eVNfinager, Larry R.Prtis, Mayor,,
Attest:
�
y
Sandra L. Ryan, City erk,, ,
STATE OF IOWA, STORY COUNTY, ss:
-(M
On this day of October, 1997, before me, a Notary Public in and for
the State of Iowa, personally appeared Dean E. Hunziker, to me personally known, who
being by me duly sworn did say that he is the Manager of Dayton Park, L.L.C., an Iowa
Limited Liability Company, and that said instrument was signed on behalf of the said
Limited Liability Company by authority of its managers, and that the said Dean E.
Hunziker acknowledged the execution of said instrument to be the voluntary act and deed
of Dayton Park, L.L.C., by it voluntarily executed.
`O FRANK B.JOHNSTON "
MY COM `t
SSI 8PIKES Notary Public in and for the State of Iowa
owe 5-�-
f ra k r'. . 'SO AV13jZN,'
STATE OF IOWA, STORY COUNTY, ss:
On this 14th day of October, 1997, before me, a Notary Public in and for
the State of Iowa, personally appeared Larry R. Curtis and Sandra L. Ryan, 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. 97-517 adopted by the City Council on the 14th day of
Octnher , 1997, and that Larry R. Curtis and Sandra L. Ryan acknowledged
the execution of the instrument to be their voluntary4c"Ahd deed and the voluntary act and
deed of the corporation, by it voluntarily executed.\. . '.'-
Notary:=P Uc in ad:fdr t State of Iowa