HomeMy WebLinkAboutA022 - Fourth Amendment to the Agreement for Rezoning, Platting and Development r r
FOURTH AMENDMENT
TO THE AGREEMENT FOR
REZONING, PLATTING AND DEVELOPMENT
OF SOMERSET SUBDIVISION
THIS AGREEMENT is made and entered into effective the 1'-& day of-Steftmber,
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. That part of page 15 of Appendix I, entitled"Fences and Walls—Front and Corner
Side Yards, 1. Materials"is revised so that items b and c thereof state as follows:
"b. Garden walls in areas zoned residential shall be brick or stone minimum 8"
thick with a horizontal coping; or, garden walls shall be brick pillars with a two-patterned fence in-
fill.
C. Garden walls in areas zoned commercial shall be brick or stone minimum 8"
thick with a horizontal coping; or garden walls shall be brick piers with wrought iron in-fill."
2. 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.
CITY O E A
By: Attest by: CCU UAV Ul _Jy
Ted Tedesco, Mayor Diane Voss, City Clerk
STATE OF IOWA,STORY COUNTY ss:
On this 144-b day of 5�&. 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 Resolution No. qq-3 4 3 adopted by the City Council on the 1`F day of Se P+• ,
19gq , 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.
Notary Public in and for Story Coun ,Iowa
DEVELOPE
By:X
Erb A. Hunziker, Trustee of the
Erben A. Hunziker Revocable
Trust, Dated July 29, 1992
STATE OF IOWA,SLT'ORY COUNTY ss:
On this Tay of 1999,before me,the undersigned,a Notary Public in and for the State of
Iowa, personally appeared Erben A. FICriziker, 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 the instrument as the voluntary act and deed of the person and of the fiduciary.
t1jb,6, Avdl�—
H YA.HOWARD Notary Public i d for Story County,Iowa
• EXPIRES
0 1
By:,,
6�
Donald M. Furman, Co-Trustee of R 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,�SJTORY COUNTY ss: �,,� �,
On this L'Tkday of a kvi, ' , 1999,before me,the undersigned,a Notary Public in and for the State of
Iowa, personally appeared Donald . 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 volunta act and deed of the persons and of
the fiduciary.
HILLARY A.HOWARD
MY COMMISSION EXPIRES
no ion for Story County,Iowa
Z141z 4
By: By:x
mhard K. Frie rich, resident Robert K. Fri drich, r., Vice President e
R. Friedrich & Sons, Inc. R. Friedrich & Sons, Inc.
STATE OF IOWA,STORY COUNTY ss:
On this L�T t v._day of u-LO L, 19 ,before me,a Notary Public in and for Story County,Iowa,
personally appeared Reinhard K. Friedrich and Robert K. Friedrich,Jr.,to me personally known,who being by me duly swom,
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.
HILLARY A.HOWARD ota Public in for Sto Count Iowa
W COMMISSION EXPIRES n D y,
ow'
law\somerset.603
rev.9/8/99