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HomeMy WebLinkAboutA003 - Agreement for Sidewalk and/or Bicycle Path, and Street Trees dated March 8, 2004 04 - 04077 INST.NO. STORY COUNTY,IOWA Effective Date: September, 2003 Rc�w�►, T ` \ZS FILED FOR RECORD A/," Coo r� L AM APR Q 7 2004 414)r\ (OD Ceu-mot A v� '* 6 aJ ki t,cs Akc) 50-3, 1 WO Ml L VAN00104110,Ascor0orSJ'— 0 ADD,M 41kZAUD.FEE 4 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 Ames Community School District, 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 Ames Middle School 2003 Subdivision, Ames, Story County, Iowa; and WHEREAS, the Owners are required to construct a sidewalk and/or bicycle path, and plaet trees in the Fight of way of al; stfeets 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 paths and provide site landscaping 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 thCity of Arnes, lowa, befefe any City building o. fl—ni! will be issued with fespeet to said subdivision; or, in the aliernative, ewneFs may obtain said peFfnits and pfeeeed with eenstfuetiEffl pufsuant to said perfnits, with the understanding that an "oeoupaney peFmit" undef City E)fdinan 11 Effective Date: September, 2003 sidewalk and/oF bieyele path, and tFee planting, has net been 6ampleted antil the sidewalk and/0 bi6y6le path is eompleted and trees are planted as aforesaid. Fui4her, if the sidewalk and/or- bieyele path, and the Ifee planting is not 6onipleted as aforesaid fof the segment of the street abutting the house within 24 months of the isstianee of the pefTnit fef that house, the said pefmit shall be shall be withheld with respe6t to any house that abuts on a segment of a stFeet f0f whi6h the said ntill and void with r-espeet 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. ����H ' ¢s DATED this 8th day of March, 2004. 1 � t OWNERS CITY OF AMES, IOWAi`kBy:c By: • '9 y„I, Paul Wiegand " *` ," v7• U ti"' � Director of Public Works Ames Community School District ,4'^d' rai, �''_ STATE OF IOWA, STORY COUNTY ss: STATE OF IOWA, STORY COUNTY ss: This instrument was acknowledged before me This i strument as acknowledged before me this �1'`�' day of W1dA A. 200f; by this ^W v day of �l�Qit/.�• , 2004f, by Paul ,mil Wiegand as Director of Public Works for the City of Ames, Iowa. Notary Public in and for State of Iowa Notary Public in and for State of Iowa SANDRA DAHLGREN Notarial Seal-Iowa ^PP%n-m' JILL L. RIPPERGER Commission Number 5323 COMMISSION# 146549 My Commission Expires Apr 7, 2005 ` MY COMMISSION EXPIRES 3 -/7 �