HomeMy WebLinkAboutA009 - Agreement for Sidewalk and/or Bicycle Path, and Street Trees dated December 30, 2003 ". INST.NO. 04 - 02196� --
�� STORY COUNTY,IOWA
RILED FOR RECORD
AM FEB 2 6 2004
MAN L VANDE KAMP,ReN �
RED.ME 44--M AUD.FIX
REMPIN TO:
Prepared by: Larry R. Curtis 323 Sixth Street P.O. Box 664 Ames, IA 50010, (515)232-4732
AGREEMENT FOR SIDEWALK AND/OR BICYCLE
PATH, AND STREET TREES
The parties to this Agreement are SOUTHFORK DEVELOPMENT, L.L.C.., their
successors and assigns,hereinafter referred to as"OWNER",and the CITY OF AMES, IOWA,
hereinafter referred to as "CITY".
WHEREAS, the Owner is in the process of platting a subdivision of real estate per
Chapter 23 of the Municipal Code of Ames, Iowa, to be known as SOUTH FORK
SUBDIVISION, SECOND ADDITION, Ames, Story County, Iowa; and
WHEREAS, the Owner is required to construct a sidewalk and/or bicycle path, and
plant trees in the right-of-way 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 Owner 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 Owner 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
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subdivision; or, in the alternative, owner 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 on 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 3> day of , 2003.
SOUTHFORK DEVELOPMENT, L.L.C. CITY OF ALES„nlOWAs
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B B y �,�
y �'[ ram,
Terra Firma, L.P. y r o
Ev Cochrane & Associates, Inc., Paul Wiegand
General Partner,
Director of Public V�lorks k` "
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By: David Keller, Vice- President
OWNER CITY
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STATE OF IOWA, STORY COUNTY, SS:
On this'5o day ,2003,before me,the undersigned,a Notary Public in and
for the State of Iowa, personally appeared David Keller,to me personally known,who being
by me duly sworn, did say that the person is the Vice-President of EV COCHRANE &
ASSOCIATES, INC., the General Partner of TERRA FIRMA, L.P., an Iowa Limited
Partnership,executing the foregoing instrument; that the instrument was signed on behalf of
the corporation as General Partner of TERRA FIRMA, L.P, an Iowa Limited Partnership by
authority of the corporation's Board of Directors; that David Keller as that officer
acknowledged execution of the instrument to be the voluntary act and deed of the corporation
and limited partnership by it and by the officer voluntarily executed.
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NOTARY PUB IC - STATE OF IOWA
=fi Commission Number 111140
• My Commission Expires
o�n February 18,2005