HomeMy WebLinkAboutA016 - Agreement for Sidewalk dated May 22, 2001 a � .
413
INST.NO.® �
.STORY COUNTY,IOV�A
RETURN TO: ',�Q FILED FOR RECORD
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ROBERT K FRIEDRICH, JR "'AM`M MAY 2 5 2101 D
619 E LINCOLN WAY SUSAN L.VANDE KAMP,ReCOrde?to
ANES IA 50010
REC.FEE$k-QQ AUD.FEE$-- -'
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:G..Mark Rice,Adams&Rice PLC 317 6th Avenue Des Moines IA 503094115 (Phone: 515-24&9800)
AGREEMENT FOR SIDEWALK
The parties to this Agreement are Robert K. Friedrich, Jr., as Receiver in a case entitled
Firstar Bank Iowa, N.A. v Barber's of Iowa, Inc., Donald E. Barber, Leanna K. Barber and
Vulcan Industrial Properties, Inc. case no. Equity EQCV039157, his successors and assigns,
hereinafter referred to as "Receiver", and the CITY OF AMES, IOWA, hereinafter referred to as
"City".
WHEREAS, the Receiver is in the process of platting a subdivision of real estate per
Chapter 23 of the Municipal Code of Ames, Iowa, to be known as East Lincolnway
Development Subdivision, Ames, Story County, Iowa; and
WHEREAS, the Receiver is 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 Receiver shall construct a sidewalk as required by the City for the
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, the Receiver may obtain the permits
and proceed with construction pursuant to the permits, with the understanding that an
"occupancy permit" under City ordinances shall be withheld until the sidewalk is completed;
and, further, that if the sidewalk is not completed within 24 months of the issuance of the
permits, the 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,
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.
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DATED thiOQ day of 2001.
OWNER CITY OF AMES,IOWA.
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Robert K. Friedrich, Jr., Receiver By:
Paul Wiegand
Director of Public Works k y I
By:
obert K. Friedrich, Jr. $ Ff r �ryLr
STATE OF IOWA )
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COUNTY OF )
On this 2/p�"day of A.D. 2001, before me, a notary public, personally
appeared Robert K. Friedrich,qr., to md known to be the person named herein and who executed
the foregoing instrument, and acknowledged that he executed the same as his voluntary act and
deed.
Notary P4bli&in the State of Iowa
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