HomeMy WebLinkAboutA018 - Agreement for Sidewalk and/or Bicycle Path and Street Trees dated July 22, 2002 - 10755
INST.NO. ID
COUNTY, IOWA
I
WHEN RECORDED RETURN TO: FILED FOR RECORD %1--
BRIAN J HUMKE JUL 2 5 Z002 PM I
NYEMASTER LAW FIRM
1416 BUCKEYE AVE SUITE 200 SUSAN-LI,V-ANDE KAMP,RecorderL\)'
AMES IOWA 50010 Fm FEE L(e- D.FEE i
This document was prepared by R. Michael Hayes, Hubbell Realty Company, 904 Walnut Street,
Suite 900 Des Moines Iowa 50309-3574 (515) 280-2051
SPACE ABOVE THIS LINE FOR RECORDER
AGREEMENT FOR SIDEWALK AND/OR
BICYCLE PATH AND STREET TREES
The parties to this Agreement are The Reserve, L.C., an Iowa limited liability
company, and its 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 The Reserve,
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 in the public right-of-way adjacent
to each lot and bicycle paths within the trail easements over Lots 29, 30, 42 and 43 of
said Subdivision 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 Owners shall cause the planting of street trees in the public
right-of-way as required by Section 23.402 of the Municipal Code of the City of Ames,
Iowa, substantially in accordance with the Street Tree Planting Plan, prepared by Fox
Engineering Associates, Inc., last updated as of September 25, 2001, or as may be
hereafter further updated with the approval of the City, a copy of which is on file with the
City and by this reference made a part of this agreement, before any City building or
zoning permit will be issued with respect to said lot of the 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" 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
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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 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 July, 2002.
CYTY (�F.AMES,IOWA
- By.
PaufWiegand, Dir for of Public Works
THE RESERVE, L.C.,
By: Hubbell Realty Company, Manager
By: Y►.
t o)/ 1,
Hubbell III, President
By:
R. Michael Hayes, teretary
STATE OF IOWA )
) SS.
COUNTY OF STORY )
On this Q?,g _day of , 2002, before me the undersigned, a Notary Public in and
for the State of Iowa, irsonly appeared Paul Wiegand, to me personally known, who, being by
me duly sworn, did say that they are the Director of Public Works, of the City of Ames, Iowa,
acknowledged the execution of the instrument to be the voluntary act and deed of the corporate
Manager and the limited liability company, by each entity and by them voluntarily executed.
72nyl
Notary Public in and for said to
� � Iu CO WAS"ORM
IOWA
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STATE OF IOWA )
SS.
COUNTY OF POLK)
On this lI day of July, 2002, before me the undersigned, a Notary Public in and for the State
of Iowa, personally appeared James W. Hubbell III and R. Michael Hayes, to me personally
known, who, being by me duly sworn, did say that they are the President and Secretary,
respectively, of Hubbell Realty Company, the Manager of The Reserve, L.C., an Iowa limited
liability company, executing the within and foregoing instrument; that said corporate Manager
and said limited liability company have no seal; that the instrument was signed on behalf of said
corporate Manager by authority of its Board of Directors and on behalf of the limited liability
company by authority of the Members; and said James W. Hubbell III and R. Michael Hayes, as
such officers, acknowledged the execution of the instrument to be the voluntary act and deed of
the corporate Manager and the limited liability company, b each entity and by them voluntarily
executed.
Notary Pdblic in and for 44d State
APRIL TUFANO
myCComission Nmber 710 207
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