HomeMy WebLinkAboutA011 - Agreement Pertaining to Construction of a Sidewalk s
` 99 - 10995
'RETURN TO:
ce INSTSTORY COUNTY, IOWA
FOR RECORD ��515 Clark Avenue,P. o.Box 11 ,FILED
AUG 13 1999 PM
Ames,IA 50010
SUSAN L.VANDE KA P,Recorder
RECORDING FEE$�1•
AUDITOR'S FEE$
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone: 515-239-5146)
AN AGREEMENT PERTAINING TO
CONSTRUCTION OF A SIDEWALK
NORTHCREST SUBDIVISION
THIS AGREEMENT,made and entered into this I.0 day of , 1999,by and
between the CITY OF AMES, IOWA (hereinafter called "City"), 3Yd N0RTHCREST, INC.,
(hereinafter called Northcrest),
WITNESSES THAT :
WHEREAS, Northcrest applied for a zoning permit for construction of residential dwelling
units on a site subject to the design standards enacted as subsection 29.49(5) of the Municipal Code of
the City of Ames, Iowa; and,
WHEREAS, subsection 29.49(5)(f)of the Municipal Code of the City of Ames, Iowa requires
that the design of a proposed development provide for the safety of pedestrians; and,
WHEREAS,to meet the said design standards of the zoning regulations of the City,it is deemed
necessary that a sidewalk be constructed to city standards on the north side of 20th Street abutting the
Northcrest development in anticipation of the pedestrian safety need when 20th Street is extended west;
or if the high school abutting on the south is changed to a junior high school or other use;
NOW,THEREFORE, the parties hereto have agreed and do agree as follows:
1. A portion of the said sidewalk shall be constructed now, from the west line of the Union
Pacific Railroad right-of-way west to the west side of the entrance drive to the Ames High School J.
parking lot.
2. In recognition of the possibility that 20th Street may not ever be extended west, and/or
that the high school may not ever be converted to a junior high school or any use other than a high
school, the City waives the requirement that the aforesaid sidewalk be constructed immediately, on
condition that Northcrest shall construct the said sidewalk at such time as when, if ever, 20th Street is
extended further west to a point of intersection with Stange Road, or intersection with some other City
street; or, at such time as when, if ever,the high school is converted to use as a junior high school or
some use other than a high school.
3. In consideration of the waiver by the City of the requirement that the said sidewalk be
constructed immediately, and in further consideration of the desire and intent of Northcrest to provide
the City with the benefit of the said sidewalk when the said conditions exist,Northcrest does hereby
promise and covenant that at such time as when 20th Street is extended west to a point of intersection
with Stange Road or some other intersecting City street, or, at such time as when the abutting high
school is converted to use as a junior high school or other use, then Northcrest shall construct the said
sidewalk at its sole expense.
4. This agreement and covenant shall be filed for record in the office of the Story County
Recorder and shall be a covenant running with the land platted as Northcrest Subdivision,Ames, Iowa,
and shall endure and be binding on the parties hereto, their successors and assigns, for a period of
twenty-one years from the date of the recording of these covenants,unless a claim to continue an interest
in the covenant is filed as provided by law.
Executed as of the date first above written.
NORTHCREST,INC. CITY OF AMES, IO
By: � By:
Wallace San rs, President Ted Tedesco, MA of
".
By: // Attest:
r s t e;del , Secretary Diane R. Voss, City Clerk
STATE OF IOWA,STORY COUNTY ss:
On this -,3 day of � 1999,before me,a Notary Public in and for Story County,Iowa,personally
appeared Wallace Sanders and ,to me personally known,who being by me duly sworn,did say that they are the
President and Secretary of said corporation,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 Wallace Sanders and 5 c>/L acknowledged the execution of said instrument to be their
voluntary act and deed of said corporation by it voluntarily executed.
tip, `• LORI A.WERL
MY COMMISSION IXPIRES Notary Public in and for Story County,Iowa
ow
STATE OF IOWA,STORY COUNTY ss:
On this�day of :8M 1999,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 RReso-"iet+4�a.d ffLQ-_1QU_adopted by the City Council on the lath day of ji it y ,
1999 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.
u
Notary Public in and for Story Co ty,Iowa
law\Northcre.715 '►y
rev.7/26/99 9 9 5 �? f1C7t�
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