HomeMy WebLinkAboutA014 - Agreement for Sidewalk dated April 6, 2001 0
INST.NO. 1 - 04741
STORY COUNTY,IOWA,
FILED FOR RECORD
D APR 2 4 2001 P
8USAN L.VANCE RAMP,Recorder 5
REQ FEE$11-CO-,BUD.FEE -_
RETURN TOIPREPARED sy: 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,their successors
and assigns, hereinafter referred to as "Owners," and the City of Ames, Iowa, hereinafter referred to as
City.
11
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 Fifth 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:
1. The Owners shall construct a sidewalk/bike path as required by the City along Mortensen
Road and South Dakota Avenue 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 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.
IN WITNESS WHEREOF the Owner has executed this instrument on April 6,2001.
TERRA FIRMA,L.P.
By: Ev Cochrane&Associates,Inc.,
General Partner
BY:
David A.Keller,Vice President .
IN WITNESS WHEREOF the City has executed this instrument on April ,20.Q 'y ` °�''
CITY OF AES,IOWA `.
M
BY: �� -
Paul Wiegand
Director of Public Works �
STATE OF IOWA,COUNTY OF STORY,SS:
0 4 Y
On April 6, 2001, before me, the undersigned, a Notary Public in and for said'state; personally;
appeared David A.Keller,to me personally known,who,being by me duly sworn did say that the person is
FJF 200104061143 SHARP,JAHN,FEILYIEYER&FEILMEYER,p1c
Attorneys at Law•Ames,Iowa
AGREEMENT FOR SIDEWALK Page 2
the Vice President of Ev Cochrane & Associates, Inc., an Iowa business corporation, the CORPORATE
GENERAL PARTNER of Terra Firma. L.P., an Iowa LIMITED PARTNERSHIP, executing the fore-
going 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 corporation's Board of Directors; and that David A.Keller 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 voluntarily executed..
[Sea � � aokloom lF� C• C�
jun».2003 NOTARY PUBLIC
STATE OF IOWA,COUNTY OF STORY,SS:
On April � , 2001, before me, the undersigned, a Notary Public in and for said state, person-
ally appeared Paul Wiegand,to me personally known, and,who, being by me duly sworn, did say that he is
Director of Public Works of the City of Ames, Iowa;that the seal affixed to the foregoing instrument is the
corporate SEAL of the MUNICIPAL CORPORATION,and that the instrument was signed and sealed on
behalf of the municipal corporation,by authority of its City Council, as contained in the Resolution adopted
by the City Council on April t� , 2001, and that Paul Wiegand acknowledged the execution of the in-
strument to be his voluntary act and deed and the voluntary act and deed of the corporation, by it voluntar-
ily executed.
NOTARY PUBLIC
DIANE:RILHELPdI JOHNSON
F, MY COMMISSION EXPIRES
FJF N 200104061143 SHARP,JAHN,FEILMEYER&FEILMEYER,p1c
Attorneys at Law•Ames,Iowa / 1
01 - 04741 /