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HomeMy WebLinkAboutA006 - Agreement for Sidewalk and Street Trees dated September 26, 2003 ® 3 23163 INST.NO STORY COUNTY,IOWA FILED FOR RECORD �j l/0 NOV 1 0 2003 PM M rD SU8AN L"VANDE KAMP,Recorder L� M PEG. AUD.FEE Instrument Prepared By: i� Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, IA 50010; 515-232-3921 AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement are ERBEN HUNZHCER AND MARGARET HUNZII ER APARTMENTS,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 pursuant to Chapter 23 of the Municipal Code of Ames, Iowa, to be known as LONGVIEW SUBDIVISION SECOND ADDITION,AMES, STORY COUNTY,IOWA; and WHEREAS,the Owners are 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 Owners 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 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 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 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 J& day of 2003. OWNERS ERBEN HUNZIKER AND MARGARET HUNZIKER AAPMENTS, L.L.C. By. Dean , Manager STATE OF IOWA, STORY COUNTY, ss: On this rJ& day of , 2003, before me, the undersigned, a Notary Public in and for the State of low , 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 oluntarily e uted. Qac s STACIE L. COOMES z` COMMISSION NO. 164402 Notary Public in and for the State of Iowa *� MY COMMISSION EXPIRES owA 3 a-v—U K 2 ,� YUTY QF�AMESIOWA a Director of Public Works �•YLI t',,. .S.I ATE OF IOWA, STORY COUNTY ss: On this day of ,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.03"4 Q adopted by the City Council on the (9 9te" day of ©Lt. ,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 and for th tate of Iowa DIAPiE lNILHELPa7.(OHPiSOM MY COIPMIS310N EXPIR S i I H J- Li_T—itionelWunziker EntiticAErbeo Hunziker&Margaret Hunika Apartments,LLC\Longview SubdiviionNSe c_Addifion\Ag=Sidevlk.dm 3