HomeMy WebLinkAboutA001 - Agreement for Sidewalk and/or Bicycle Path, and Street Trees dated November 12, 2003 - 0 - 23257
` INST.N®,
MAY COUNTY,IOWA
FILED F0F1 ASCORD r
e� CAM NOV 12 2003
SUSAN L.VANDS KAMP,Rocarder 'S
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone:515-239-5146)
AGREEMENT FOR SIDEWALK AND/OR
BICYCLE PATH, AND STREET TREES
The parties to this Agreement are 4ez-r&—Q—Cd)r n C. , 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 i 4()) >
Ames, Story County, Iowa; and
WHEREAS,the Owners are required to construct a sidewalk and/orbicycle path,and plant trees
in the right-ofmway 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:
1. The Owners 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 Owners 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 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 with respect to any house that abuts oil a
segment of a street for which the said 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 the tree planting is not completed as aforesaid for the
segment of the street abutting the house within 24 months of the issuance of the permit for that house,
the said 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 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 day of 20 0 ->. '
OWNERS CITY OF AS,IOW1A� j f < a 7
ME
By: By: ,
Paul Wiegarii
Director of4.
Public Works a Qoi� h �Y
�...
By:
M1
STATE OF IOWA, STORY COUNTY ss: STATE OF IOWA, STORY COUNTY ss:
This ins nt was acknowledged before me this This instrument was acknowledged before me this
10 day of D �,20gi,by Fes-day of eZ&MAgj 20CR by Paul Wiegand
Ta;;s; Car8zL4 and as Director of Public Works for the City of Ames,
Iowa.
Public in/and-for State of Iowa Notary Public in and for State o owa
LYNNEiTE SWENSON
Commkobn umber loam
_ DIAP! `:" " .-LM-JOHNSON
F81-Agnnt ror s( % Co. .'DN# 147508
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