HomeMy WebLinkAboutA003 - Agreement for Sidewalk dated August 9, 2002 02 - 13086
INST.NO.
STORY COUNTY,IOWA
FILED FOR RECORD
Ar AUG 2 9 2002 PM M
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SUGM L VANDE KAMP,ReCorder R
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S P A C E A B 0 V E R E S E R V E D F 0 R 0 F F I C I A L U S E
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RETURN TO/PREPARED BY: Franklin J.F ei I rneyer,618 Douglas Ave.,P.O.Box 270,Ames,IA 50010—Telephone:5 15-23 9-5 0 0 0
AGREEMENT FOR SIDEWALK
The parties to this Agreement are Terra Firma,L.P., an Iowa limited partnership,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 in accordance with
chapter 23 of the Municipal Code of Ames, Iowa,to be known as Seventh Addition, Dauntless Subdivi-
sion,Ames,Iowa,a replat of Lots 2 and 3 of Fifth Addition,Dauntless Subdivision,Ames,Iowa;
Whereas, the Owners are required by the City to construct certain sidewalks as a condition of
approval of the Subdivision under 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/bike path as required by the City along Mortensen
Road and sidewalks along Dickinson Road for said Subdivision, in accordance with plans and specifica-
tions 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 said subdivision; or, in the alternative,the Owners
may obtain said permits and proceed with construction pursuant to said permits,with the understanding that
an "occupancy permit" under the City's 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.
2. This agreement is hereby substituted for the sidewalk agreements for Fourth Addition,
Dauntless Subdivision, filed 29 March 2000 as Instrument X2 00-03180 and for Fifth Addition,Dauntless
Subdivision, filed 24 April 2001 as Instrument N2 01-04741, which, with respect to the subdivision herein
described,are hereby released and terminated.
3. 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 pe-
riod of twenty-one years from the date of these covenants, unless claims to continue any interest in the
covenants are filed as provided by law.
IN WITNESS WHEREOF the Owner executes this instrument on 9 August 2002.
TERRA FIRMA,L.P.,by Ev Cochrane&
Associates,Inc.,General Partner
BY-
rf-�dci A.Keller,Vice President
STATE OF IOWA,COUNTY OF STORY,SS: On 9 August 2002,before me,the undersigned,a Notary
Public in and for said state, personally appeared David A. Keller, to me personally known, who, being by
me duly sworn did say that the person is the vice president of Ev Cochrane &Associates, Inc., the corpo-
rate general partner of Terra Firma, L.P., an Iowa limited partnership, executing the foregoing instrument,
that no seal has been procured by the corporation;that the instrument was signed on behalf of the corpora-
tion as general partner of Terra Firma, L.P., an Iowa limited partnership,by authority of the corporation's
Board of Directors; and that David A.Keller as that officer acknowledged execution of the instrument to be
FJF//20020809115840 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,PLC
Attomeys at Law-Ames,Iowa
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AGREEMENT FOR SIDEWALK Page 2
the voluntary act and deed of the corporation and limited partnership by it and by the officer voluntarily
executed.
Place['OWJ6
stamp I -YE
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MYCOMMISSION EXPIRES
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sl� IN WITNESS WHEREOF the City has executed this instrument on this y of
M 4(C l 2002. �,' N
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CITY OFAMES,IOWA +, k
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BY. ,-O-. D AL<1/lt.C'
Paul Wiegand
Director of Public Works , 7 ,f
STATE OF IOWA, COUNTY OF STORY, SS: On the �2 Z day of , �0 7-ore
me, the undersigned, a Notary Public in and for said state, personally appeare aul Wiegand, to me per-
sonally known, and, who, being by me duly sworn, did say that he is Director of Public Works of the City
of Ames, Iowa; that the seal affixed to the foregoing instrument is the corporate SEAL of the MUNICI-
PAL CORPORATION; and that the instrument was signed and sealed on behalf of the municipal corpora-
tion, by authority of its City Council, as contained in the Resolution adopted by the City Council on the
ALday o 2002, and that Paul Wiegand acknowledged the execution of the instru-
t to be his vol ary act and deed and the voluntary act and deed of the corporation, by it voluntarily
executed.
Place notorial stamp or seal here(Iowa Code§9E.6A):
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W21A
UM WIIJiEL"HNSON
COMMISSION#147508 NOTARY PUBLIC
Y COMMISSION E7Q'IRES7 -,Iy-
FJF 20020809115840 SHARP,JAHN,FEILMEYER,FEILMEYER&KEENAN,PLC
Attorneys at Law•Ames,Iowa