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HomeMy WebLinkAboutA006 - Agreement for Sidewalk dated July 29, 2002 - 02 - 12368 INST.NO. STORY � A FILED FOR RECORD � ✓ M - Ybt l l T AUG 1 9 2002 PM G ls Axp ��°s�_,�� SUSAN L.VANDE KAMP,Recorder /^ °U, $ UD.FEE$ '- Instrument 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 pursuant to Chapter 23 of the Municipal Code of Ames,Iowa,to be known as Northridge Heights Subdivision Third 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 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 and bike paths are completed and street trees planted as aforesaid. 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 to continue any interest in the covenants are filed as provided by law. DATED this day of �Gy , 2002. OWNERS UTHE DEVELOPMENT COMPANY, L.L.C. By: (q,& K. Friedrich, . ., Manager By: Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, ss: On this day of ,2002,before me,Notary Public in and for the State of Iowa, personally appeared Robert 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. otary Public in and for the State of Iowa 2 eoREBECCA H.BARCLAY Commission Number 176182 My CAmmIssion Expires -dvv3 CITY OF ANTES,IOWA B Y Paul Wiegand L� zector of Public Works 1 9 �� � `,1r:'�xy ✓ '�^a Fang 7�,i '_E •:.r, P:�DSI{rauth ortluid ffg s\Thiel Addis on AgreeSidewalk.doc 7 3