HomeMy WebLinkAboutA004 - Agreement for Sidewalk and Street Trees dated November 7, 2003 241 0
STORY COUNTY,IOWA
FILED FOR RECORD 1A
- — N®V 6 2003 '03
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Instrument Prepared By:
a� 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 R.FRIEDRICH AND SONS,INC.,hereinafter referred
to as "Developer" and the CITY OF AMES,IOWA, hereinafter referred to as "City".
WHEREAS,the Developer is 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 KINYON-CLARK
SUBDIVISION FIRST ADDITION, AMES, STORY COUNTY,IOWA; and
WHEREAS,the Developer 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 Developer shall construct a sidewalk 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 plant the 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 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 sidewalks are completed and street trees planted as aforesaid.
If the sidewalks are not completed or 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 7 day of 2003.
DEVELOPER
R. FRIEDRICH AND SONS, INC.
By:
Robert K. Friedric , Jr., Vice President
By: ` �•
Ku W. Friedrich, Secretary/Treasurer
STATE OF IOWA, STORY COUNTY, ss:
On this _� day of ,2003,before me,the undersigned,a Notary Public
in and for the State of Iowa,personally appeared Robert K. Friedrich, Jr. and Kurt W. Friedrich, to
me personally known, who being by me duly sworn, did say that they are the Vice President and
Secretary/Treasurer,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 Robert K. Friedrich, Jr. and Kurt W.
Friedrich, 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 vo tarily exec u d.
�QP%AC s� STACIE L. COOMES
z COMMISSION NO. 164402 Notary Public in and for the State of Iowa
' * MY COMMISSION EXPIRES
/OWN 3i l7 J
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CITY OF AMES, IOWA
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