HomeMy WebLinkAboutA002 - Agreement for Sidewalk and/or Bicycle Pth and Street Trees dated January 11, 2003 03 - 03220
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Prepared by & Return to: Thomas G. Fisher.lr., 3101 1iwersoII Ave Des Moines Iowa 50312 (515)279-
9059
AGREEMENT FOR SIDEWALK AND/OR
BICYCLE PATH AND STREET TREES
The parties to this Agreement are BLOOMINGTON HEIGHTS NNIEST TOV1'NHOMES,
L.C., an Iowa limited liability company, its successors and assigns, hereinafter referred to as
"Owner", and the CITY OF A1\IES, 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 \VEST
TOWNHOMES PLAT 1, 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:
l. 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-1'01.11-(24) months of the
issuance of the 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 Nvith the land and shall endure and be binding on the parties hereto, their
successors and assigns, for a period of twenty-one(2 1)years fi-om 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 I I&1 day of January, 2003.
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OWNER:
BLOOMINGTON HEIGHTS WEST
TONVNII-10 .C.
y: �
Richard D. Moffitt, Vice/es-Lit
CITY OF APSES, IOWA
By:
Paul Wiegand, Director of PLiblicAVork
STATE OF IOWA )
)ss:
COUNTY OF POLK )
On this 3C, day of January, 2003, before me, the undersigned, a Notary Public in and for
the State of Iowa, personally appeared RICHARD D. MOFFITT, 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 RICHARD D. MOFFITT acknowled,2ed the execution of the instrument to be the voluntary act
and deed of the limited liability company by it Voluntarily cuted.
PEGGY HUTCHINSON �
Cprtrrission Number 162434
My Commission E ires ✓ - t��� G `!�Z��C'�---�
MOW 1,200 , Notary Public
in and for the State of Iowa
STATE OF IOWA )
)ss:
COUNTY OF STORY)
On this 36, day of FE-bP- ztal�-'L , 20 he re n e,tt undersigned, a Notary Public in
and for the State of Iowa, personally appea o, c-i 0¢pr3E'ersonally known, who
being by me duly sworn did say that he is the or u lic 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 I It' day of FEBLLL► 4-1: L _, 2003, and that
PAUL WJEGAND acknowledged the execution of the instrument to be his vo untary act and deed
and the voluntarily act and deed of the corporation, by it voluntarily executed.
�•,. ,_ _ DIANE R. VOSS
0P (/ Ki e- Notary Public
` 'fY COM,MISSIONEXPIRES in and for the State of Iowa
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