HomeMy WebLinkAboutA026 - Agreement for Sidewalk and/or Bicycle Path and Street Trees T,
02 - 14 215
INST.NO.
STORY COUNTY,IO /
FILED FOR RECORD
J
M
AM S E P 1 9 2002 ;M o
SUSAN L VANDE KAMP,Recorder
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Prepared by&Return to: Thomas G.Fisher Jr.,3101 Ingersoll Ave..Des Moines,Iowa 50312 (515)279-9059
AGREEMENT FOR SIDEWALK AND/OR
BICYCLE PATH AND STREET TREES
The parties to this Agreement are AMES LAND COMPANY, L.L.C., an Iowa limited
liability company, its 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 BLOOMINGTON HEIGHTS WEST
PLAT 1, Subdivision, 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 such subdivision;or, in the alternative,Owner
may obtain such permits and proceed with construction pursuant to such 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 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 tree planting is not completed as aforesaid
for the segment of the street abutting the house within twenty-four(24)months of the issuance ofthe
permit for that house, the 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(21)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 /D day of S 2002.
t.
OWNER:
AME D C MPA C.
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John D. , ecretary ✓�tle�YN r`" �ix
1 t y `y M�sz.fF` •�xArru Y�,°�''�l�F`'1`(1�I'�y�" tf
CITY OF AMES, IOWA
W
Paul Wiegand, Director of#ublic WQr : ,` =r �•`' ^'
of r A.
STATE OF IOWA � ' `
COUNTY OF POLK ) r J'�" r
On this 15�- day of , 2002,before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared JOHN D. GAMBLE, to me personally known, who
being by me duly sworn did say that he is Secretary of the Iowa limited liability company executing
the foregoing instrument, that no seal has been procured by the limited liability company; that the
instrument was signed on behalf of the limited liability company by authority of its managers;and that
JOHN D. GAMBLE acknowledged the execution of the instrument to be the voluntary act and deed
of the limited liability company by it voluntarily executed.
PEGGY HUTCHINyON
Oo w*mion Number 1624M Notary Public
My OCIDW 1 `" in and for the State of Iowa
STATE OF IOWA )
)ss:
COUNTY OF STORY)
On this IPA- day of Soya , 2002, before me, the undersigned, a Notary Public in
and for the State of Iowa, personally appeared PAUL WIEGAND, to me personally known, who
being by me duly sworn did say that he is the Director of Public Works of the City of Ames, Iowa;
that the seal affixed to the foregoing instrument is the corporate seal of the corporation; that the
instrument was signed and sealed on behalf of the corporation by authority of its City Council by
Resolution No. , passed on the day of , 2002, and that
PAUL WIEGAND acknowledged the execution of the instrument to be his voluntary act and deed
and the voluntarily act and deed of the corporation, by it voluntarily executed.
Notary Public
in and for the State of Iowa
[X[h
JILL L. RIPPERGER
COMMISSION# 146549
Y COMMISSION EXPIRES
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