HomeMy WebLinkAboutA026 - Agreement for Sidewalk and/or Bicycle Path, and Street Trees r
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02- 02603
STORY COUNTY,KNNA
FILED FOR RECORD
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G FEB 14 2002 PM
SUSAN L VANDE KAMP,Recorder b
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Prepared by: Larry R. Curtis 323 Sixth Street P.O. Box 664 Ames IA 50010, (515)232-4732
AGREEMENT FOR SIDEWALK AND/OR BICYCLE
PATH, AND STREET TREES
The parties to this Agreement are TERRA FIRMA, L. P., their successors and
assigns, hereinafter referred to as "OWNER", and the CITY OF AMES, IOWA, hereinafter
referred to as "CITY".
WHEREAS, the Owner 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 SOUTH FORK
SUBDIVISION, FIRST ADDITION, Ames, Story County, Iowa; and
WHEREAS, the Owner is 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 Owner 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 Owner 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, owner may obtain said permits and proceed with
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construction pursuant to said permits, with the understanding that an "occupancy permit"
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 permit 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 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 this2d day of , 2002.
TERRA FIRMA, L.P. CITY OF AMES, IOWA
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By By
Ev Cochrane & Associates, Inc., Paul Wiegand
General Partner, Director of Public
By: Everett W. Cochrane, 11, President
OWNER 1
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STATE OF IOWA, STORY COUNTY, SS:
On this Wday of a, 002, before me, the undersigned, a Notary Public in
and for the State of personally appeared EVERETT W. COCHRANE II, to me
personally known, who being by me duly sworn, did say that the person is the President
of EV COCHRANE & ASSOCIATES, INC., the General Partner of TERRA FIRMA, L.P.,
an Iowa Limited Partnership, executing the foregoing instrument; 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;that EVERETT W.
COCHRANE, II 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.
NOTARY PI 'EILIC - STATE OF IOWA
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