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HomeMy WebLinkAboutA006 - Agreement for Sidewalk and Street Trees dated April 25, 2003 03 - 09036 INST.NO. STORY COUNTY,IOWA FILED FOR RECORD v M iMAY 15 2003 PM a � 6USAN 6 VAN4G KAMR,Rooard®r5""✓ �' REG,FEE$ J I,d0AUD,FEE y 4 r� P- U u) N, 2 E Instrument Prepared By: Deborah S.Krauth, 1416 Buckeye, Ste.200,Ames,IA 50010; 515-232-3921 � o c AGREEMENT FOR SIDEWALK AND STREET TREES V-4 W M(S, The parties to this Agreement are R K AND F,L.L.C.,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 SOMERSET SUBDIVISION FOURTEENTH ADDITION,AMES, STORY COUNTY,IOWA; and WHEREAS,the Owner is required to construct a sidewalk 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 Owner shall construct a sidewalk and plant street trees 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,before any City building or zoning permit will be issued with respect to said 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 until the sidewalk is completed and street trees planted as aforesaid; and, further, that if the sidewalk is not completed and street 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 45 day of , 2003. OWNERS R K AND F, L.L.C. By: obert K. Friedri , Jr., Manager STATE OF IOWA, STORY COUNTY, ss: On this a.S day of �2 ,2003,before me,Notary Public in and for the State of Iowa,personally appeared obert K. Friedrich, Jr.,to me personally known,who being by me duly sworn did say that that person is a Manager 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. acknowledged the execution of said instrument to be the voluntary act and deed of said limited liability company by it vo ntarily executed. [OALP STACIE L. COOMES COMMISSION NO. 164402 MY COMMISSION EXPIRES Notary Public in and for the State of Iowa /0WA 3 O u ry .CITY OF;AMES;IOWA _ ,P— WYega-cl Qo ectoz of Public Works i a.W ... �� L:\TRANSITIONAL\DSKRAUTH\RKANDF,LLC\SOMERSET 14TH ADD\SIDEWALKAGREEMENT.DOC Pie z