HomeMy WebLinkAboutA005 - Agreement for Sidewalk dated September 11, 2001 {
01 - 13552
o INST.NO.
a STORY COUNTY,IOWA
FILED FOR RECORD 3= M
OCT 0 3 2001 PM
>IiUBAN L VANDE KAMP,Recorder
c"n C7 Fm m s J La.-yy ua FEE s
MIRstrument Prepared By:
Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921
I
AGREEMENT FOR SIDEWALK
The parties to this Agreement are ERBEN HUNZIIER AND MARGARET HUNZIKER
DEVELOPMENT, L.L.C., and D & R FURMAN, 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 Brookview Place West Subdivision,First
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
affected 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 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.
i
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 001.
OWNERS
ERBEN HUNZIKER AND MARGARET
HUNZIKER DEVELOPMENT, L.L.C.
By: De in Hunziker, Ma ager
D & URMAN,L .
By:
Donald M. Furman, as Co-Trustee of the
Donald and Ruth Furman Revocable Trust
Dated March 1, 1991, Member
STATE OF IOWA, STORY COUNTY, ss:
On this 1/day of , 2001,before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Dean Hunziker, to me personally known,
who being by me duly sworn did say that he is a Manager 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 Dean Hunziker acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company by it olunta ily executed.
otary Publicin and for theoState of Iowa
2
Y
STATE OF IOWA, STORY COUNTY, ss:
On this (K day of 'Ive'l , 2001,before me,the undersigned, a Notary
Public in and for the State of Iowa,personally appeared Donald M.Furman,to me personally known,
who being by me duly sworn stated that he is the Co-Trustee of the Donald and Ruth Furman
Revocable Trust dated March 1, 1991, which Trust is a Member of D&R Furman, L.L.C., an Iowa
limited liability company;that this instrument was signed on behalf of the Donald and Ruth Furman
Revocable Trust dated March 1, 1991 as a Member of D&R Furman, L.L.C. by authority of the
Members of the limited liability company; and that Donald M.Furman,Co-Trustee,as a Member of
the limited liability company acknowledged the execution of the instrument to be the voluntary act
and deed of said limited liability company by it and by the said Member voluntarily executed.
otary Public in and for the tate of Iowa
C'TY`llO°F~A1VtES, IOWA
By: tJ
Paul Wiegand
Director of-Public Works
R-.
P:\DSKrauth\Brookview Place WestTirst AdditionWgreeSidewalk.doc
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