HomeMy WebLinkAboutA003 - Agreement for Sidewalk Instrument Prepared By:
Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921
AGREEMENT FOR SIDEWALK
The parties to this Agreement are ERBEN A. HUNZIKER,TRUSTEE OF THE ERBEN
A.HUNZIKER REVOCABLE TRUST DATED JULY 28,1992;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, 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 Somerset Subdivision Sixth Addition,
Ames, Story County, Iowa; and
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:
1. 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 permits,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 running with the land 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 claims to continue any interest in the covenants are filed as provided by law.
DATED this day of , 1999.
OWNERS
Erb n A. Hunziker, as Trustee of
the Erben A. Hunziker Revocable
Trust dated July 28, 1992
STATE OF IOWA, STORY COUNTY, ss:
On this day of 1999, before me, the undersigned, a Notary
Public in and for the State o41o , personally appeared Erben A. Hunziker, as Trustee of the
Erben A. Hunziker Revocable Trust dated July 28, 1992, as to me known to be the identical
person named in and who executed the foregoing instrument, and acknowledged that the person,
as a fiduciary, executed the instrument as the volunta act d eed of the person and of the
fiduciary.
DEBORAH S. KRAUTH ary Pu is in and for the State of Iowa
MY OM MI ON EYPIRES
F
l 2
v
Donald M. Furman, as Trustee of the kAi W. Furman, Trustee of the
Donald and Ruth Furman Revocable Donald and Ruth Furman Revocable
Trust dated March 1, 1991 Trust dated March 1, 1991
STATE OF IOWA, STORY COUNTY, ss:
On this day of 1999, before me, the undersigned, a Notary
Public in and for the State of Iowa ersonally appeared Donald M. Furman and Ruth W. Furman,
as Trustees of the Donald and Ruth Furman Revocable Trust dated March 1, 1991, as to me know
to be the identical persons named in and who executed the foregoing instrument, and
acknowledged that the persons, as the fiduciaries, executed the instrument as the voluntary act and
deed of the persons and of the fiduciaries.
DEBORAH S. KRAUTH
»
MY COMMISSI N E)P Es ry bl E in and for the State of Iowa
IOWA
R. Friedrich & Sons, Inc.
By: /-).- 'a_ ,i V.- , �-6
Rki�hard K. Friedrich, esident
By:
Robert K. Friedrich,Y.
, Vice President
3
STATE OF IOWA, STORY COUNTY, ss:
H
On this day of , 1999, before me, the undersigned, a Notary
Public in and forte State of Iowa, ersonally appeared Reinhard K. Friedrich and Robert K.
Friedrich, Jr., to me personally known, who being by me duly sworn, did say that they are the
President and Vice President, respectively, of the corporation executing with within and foregoing
instrument, that no seal has been procured by the corporation; that said instrument was signed on
behalf of the corporation by authority of its Board of Directors; and that Reinhard K. Friedrich
and Robert K. Friedrich, Jr., as such officers, acknowledged the execution of the foregoing
instrument to be the voluntary act and deed of the corporation, by it and by them voluntarily
executed.
AL DEBORAH S. KRAUTH
�aPuMY C MMISS N E IRES
IoW� lic in and for the State of Iowa
C:\cdrive\DSK\Somenet\Sixth Addition\AgreeSidewalk.wpd
4