HomeMy WebLinkAboutA006 - Agreement for Sidewalk, Bike Path, and Street Trees dated October 9, 2003 r � .
INST.,�®0 3 - 2 2 4 71
STORY CbUNTy,IOWA
p FILED - A RECORD 0
S �1 AM OCT 3 0 2003 - o
' SUSAN L.VANDE KAMP,Reccrdar S
REC.FEES 2—(V-00AUD.FEE$_,,.
Instrument Prepared By:
Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921
AGREEMENT FOR SIDEWALK, BIKE PATH AND STREET TREES
The parties to this Agreement are ERBEN HUNZIKER AND MARGARET HUNZIK ER
DEVELOPMENT, L.L.C., and D & R FURMAN, 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 per Chapter
23 of the Municipal Code of Ames, Iowa, to be known as BROOKVIEW PLACE WEST,
SECOND ADDITION, Ames, Story County, Iowa; and
WHEREAS,the Owners are required to construct a sidewalk,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 that the Owners shall cause the planting of trees as
required by Section 23.402 of the Ames Municipal Code,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 with respect to any house that abuts a segment of
street for which a sidewalk, bike path or tree planting has not been completed until said sidewalk,
bike path or tree planting has been completed 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 9 day of �� , 2003.
OWNERS
ERBEN HUNZIKER AND MARGARET
HUNZIKER D LOPMENT, L.L.C.
1
By. /�l
D n'Hunziker, Manag
STATE OF IOWA, STORY COUNTY, ss:
On this—1-day of V -Ate, , 2003, before me, the undersigned, a Notary
Public in and for the State of Iowa, personally appeared Dean Hunziker, to me personally known,
who being by me duly sworn did say that he 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 Dean Hunziker acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company b 't voluntarily executed.
E
DEBORAH S. KRAUTH Notary Public in and for the State of Iowa
COMMISSION NO. 129704MY OMM1SS10N P1RES
2
D &Zonald
AN, L.L.C.
By: � �
M. Furman, as Co-Trustee of t !�
he
Donald and Ruth Furman Revocable Trust
Dated March 1, 1991, Member
STATE OF IOWA, STORY COUNTY, ss:
On this--5—day of o , 2003, before me, the undersigned, a Notary
Public in and for the State of Iowa,personally appeared Donald M.Furman,to me personally known,
who being by me duly sworn stated that he is the Co-Trustee of the Donald and Ruth Furman
Revocable Trust dated March 1, 1991, which Trust is a Member of D&R Furman, L.L.C., an Iowa
limited liability company;that this instrument was signed on behalf of the Donald and Ruth Furman
Revocable Trust dated March 1, 1991 as a Member of D&R Furman, L.L.C. by authority of the
Members of the limited liability company; and that Donald M.Furman,Co-Trustee,as a Member of
the limited liability company acknowledged the execution of the instrument to be the voluntary act
and deed of said limited liability company by it and by the said Member voluntarily executed.
�PSIAI DEBORAH S. KRAUTH
Z 7 COMMISSION NO. 129704 AMr co MIS 1 N 1REsPub is in and for the State of Iowa
1owr1 ,�
3
CITY OF AMES, IOWA
� au1'Wiegand
,ctgpf Public Works
Jrl
i°044011 DWA, STORY COUNTY ss:
this-day of & 1 ,2003,before me,a Notary Public in and for the State
'of'Iowa, personally appeared Paul Wiegand, to me personally 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 corporation,and that the instrument was signed
and sealed on behalf of the corporation,by authority of its City Council, as contained in Resolution
No. 0 - adopted by the City Council on the day of �P ,� ,2003,and that
Paul Wiegand acknowledged the execution of the instrument to be their voluntary act and deed and
the voluntary act and deed of the corporation, by it voluntarily executed.
Notary Public in an or t State of Iowa
OPV,At S9 JILL L. RIPPERGER
COMMISSION#146549
' MY COMMISSION EXPIRES
IOWA
LA Transitional\Hunziker Entities\Erben Hunziker&Margaret Hunziker Development,LLC\Brookview Place West\Second Addition\AgreeSidewalk.doc
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