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HomeMy WebLinkAboutA021 - Agreement for Sidewalk dated July 24, 2001, Instrument No. 01-10054 INST.NO. o 1 T 1 _0 0 _4 o STORY COUNTY, 101A,A� �i;ell FILED FOR RECORD LO AM J U L 26 2001 PKI, SUSAN L.VANDE KAMR, Recorder b o N FCC.FEE$W-:BUD.FEE `fistrument Prepared By: Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921 AGREEMENT FOR SIDEWALK The parties to this Agreement are UTHE DEVELOPMENT COMPANY, L.L.C., 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 Northridge Heights Subdivision First Addition, Ames, Story County, Iowa; and WHEREAS,the Owners are required to construct a sidewalk and bike paths and plant street trees 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 and bike paths 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, and plant the trees as required by Section 23.402 of the Municipal Code of the City of Ames,Iowa,before any City building or zoning permit will be issued with respect to .of fect`d lots 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 and bike paths are completed and trees planted as aforesaid; and, further, that if the sidewalk and bike paths are not completed or trees are not planted 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 tocontinue any interest in the covenants are filed as provided by law. DATED this ��� day of 2001. OWNERS UTHE DEVELOPMENT COMPANY, L.L.C. By: ert K. Friedric , Jr., Manager By: t' , d jX A Charles E. Winkleblack, Manager 2 s. � STATE OF IOWA, STORY COUNTY, ss: On this day of ' 1200 1,before me,Notary Public in and for the State of Iowa, personally appeared R bert K. Friedrich, Jr. and Charles E. Winkleblack, to me personally known, who being by me duly sworn did say that these persons are Managers of said limited liability company and that said instrument was signed on behalf of the said limited liability company by authority of its managers and the said Robert K. Friedrich, Jr. and Charles E. Winkleblack acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it voluntarily executed. A� otary Pub c in and for'the tate of Iowa M7 G_fn Iv�ivry U RIEs »�. 7 3 CITY OF ANTES, IOWA By: Attest by:c \l� Ted Tedesco,Mayor Diane Voss, City Clerk " STATE OF IOWA, STORY COUNTY ss: On this a y day of Sll , 20 D II, 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 o its City Co il, as contained in Resolution No. 0 1 "3ab adopted by the City Council on theme day of S 6200 r, W , 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 thigState of Iowa ��OAL00 JILL L. RIPPERGER P:\DSKrauth\NorthridgeHgts\AgreeSidewalk.doc ffAL COMMISSION#146549 MY COMMISSION EXPIRES ONtA mt I-,,) 3