HomeMy WebLinkAboutA013 - Agreement for Sidewalk and/or Bicycle Path, and Street Trees dated November 20, 2001 p1 - 1697
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SFIOLED FOR FlCCOR
DEC 03 2001 PIS c
6U.9AN L VANDE KAMP,Rec®rdera
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Prepared by: Christine A. Hunziker, 535 Main St., Ames, IA 50010; telephone 232-4115
AGREEMENT FOR SIDEWALK AND/OR
BICYCLE PATH, AND STREET TREES
The parties to this Agreement are Hunziker Development Co., L.C., 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 Seventh Addition,
Hillside Subdivision, Ames, Story County, Iowa; and
WHEREAS, the Owners are required to construct a sidewalk and/or bicycle path,
and plant trees in the right-of-way of all streets in the subdivision 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/or bicycle path 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 that the Owners shall
cause the planting of 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
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"
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under City ordinances shall be withheld with respect to any house that abuts on a
segment of a street for which the said sidewalk and/or bicycle path, and tree planting, has
not been completed until the sidewalk and/or bicycle path is completed and trees are
planted as aforesaid. Further, if the sidewalk and/or bicycle path, and the tree planting is
not completed as aforesaid for the segment of the street abutting the house within 24
months of the issuance of the permits for that house, the said permit shall be revoked,
null and void with respect to that house.
2. This Agreement shall be filed for record in the office of the Story County
Recorder and all covenants, agreements, promises and representations herein sated
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.
Signed this aQ't day of 2001.
OWNERS CITY OF AMES, IOWA
HUNZIKER DEVELOPMENT CO., L.C. -N
s fsr r
By By:
DeaR E. Hunziker, Presidefft Paul Wiegand, Dir for of Public
Works y Is
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By 3
Gary J. H Secretary
STATE OF IOWA )
) ss.
COUNTY OF STORY )
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On this 3,1 day of 2001, before me, a Notary Public in
and for said county, personally appeared Dean E. Hunziker and Gary J. Hunziker, to me
personally known, who being by me duly sworn or affirmed did say that they are the
President and Secretary respectively of said Hunziker Development Co., L.C., that no
seal has been procured by the said Hunziker Development Co., L.C. and that said
instrument was signed and sealed on behalf of the said Hunziker Development Co., L.C.
by authority of its manager and said Dean E. Hunziker and Gary J. Hunziker
acknowledged the execution of said instrument to be the voluntary act and deed of said
Hunziker Development Co., L.C. by it voluntarily executed.
NOTARY PUBLIC - STATE OF IOWA
W[ CAROLYN COE
OMMISSION#125778
AMY COMMISSION EXPIRES
-02 -03
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