HomeMy WebLinkAboutA005 - Agreement for Sidewalk and Street Trees dated September 26, 2003 INST.NO.. 03 2 3 3 4 3
STORY COUNTY,RE IOWA
FILED FOR RECORD
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�•� Instrument Prepared By:
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 HUNZIKER AND MARGARET HUNZIKER
DEVELOPMENT, L.L.C.; D & R FURMAN, L.L.C.; and R. FRIEDRICH & SONS, INC.,
their successors and assigns,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 SOMERSET SUBDIVISION
THIRTEENTH 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 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 Ae day of , 2003.
OWNERS
ERBEN HUNZIKER AND MARGARET HUNZIKER
DEVELOPME , L.L.C.
A
By:
Dean E. Hunziker, Ma ger
STATE OF IOWA, STORY COUNTY, ss:
On this_.Ole day of ��"� ,2003,before me,Notary Public in and for the
State of Iowa, personally appeared Dean E. Hunziker, to me personally known, who being by me
duly sworn did say that that person is a Member 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 Erben A. Hunziker acknowledged the execution of said instrument to be the voluntary
act and deed of said limited liability company by it voluntarily executed.
REBECCA H.BARCLAY
Commission Number 176182 Notary Public inland for the Sta e of Iowa
My Commission Expires
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D &R FQRMAN, L.L.C. v'
By:
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Donald M. Furman, as Co-Trustee of the
Donald and Ruth Furman Revocable
Trust Dated March 1, 1991, Member
STATE OF IOWA, STORY COUNTY, ss:
On this A& day of S ,2003,before me,Notary Public in and for the
State of Iowa, personally appeared Donald M. Furman, Co-Trustee, to me personally known, who
being by me duly sworn did say that that person is a Member 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 Donald M. Furman acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company by it voluntarily executed.
o�pSIAL sy STACIE L. COOMES
COMMISSION NO. 164402
* IOWA MY COMMISSION EXPIRES Notary Public in and for the State of Iowa
3- d-D-v rY
R. FRIEDRI & SONS, C.
By: ,
Rei and K. Friedrich, resid t
By:
Robeltit fe Friedrich, Y, Vice President
STATE OF IOWA, STORY COUNTY, ss:
On this� day of r r le,,- ,2003,before me,the undersigned, a Notary Public
in and for the State of Iowa,personally appeared Reinhard K.Friedrich and Robert K.Friedrich,Jr.,
to me personally known,who being by me duly sworn, did say that they are the President and Vice
President, respectively, of the corporation executing with within and foregoing instrument, that no
seal has been procured by the corporation; that said instrument was signed on behalf of the
corporation by authority of its Board of Directors; and that Reinhard K. Friedrich and Robert K.
Friedrich, Jr., as such officers, acknowledged the execution of the foregoing instrument to be the
voluntary act and deed of the corporation, by it and by them voluntarily executed.
o" �s REBECCA H.BARCLAY
Commission Number ota Public in and for the State f Iowa
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IOWA
kl�aul Wjeaand.
Y�I7�i'ecto Hof tlblic Works
r'�k'i�t'I rr E a ° �r�l� H a •�� tic � ,w
STATE flFOWA, 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. 0?J-q--'60 adopted by the City Council on the aC'o-1"'day of 0& , ,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 the tate of Iowa
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MY COMMIS=ION EXPI�
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