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Home My WebLink AboutA006 - Agreement for Sidewalk and Street Trees dated April 9, 2004 04 - 05250 INST.No. Q STORY COWNTy �c. IOWA a FILE®FOAF3E6ORD ,V/�08 M r APR 2 9 2004 PM oE � tl �Al k VANP9 KAMP, Rccorder°tip' MOW AUD.FEES,. . ¢ �z co co(,v Instrument Prepared By: Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames, 1A 50010; 515-232-3921 AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement are ERBEN HUNZIIER AND MARGARET HUNZIIER DEVELOPMENT,L.L.C.;D&R FURMAN,L.L.C.; and R.FRIEDRICH AND 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 EIGHTEENTH 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 -I 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 9 day of , 2004. OWNERS ERBEN HUNZIKER AND MARGARET HUNZIKER DEVELOPMEN , L.C. By: Dean unziker, MainageO STATE OF IOWA, STORY COUNTY, ss: On this day of ,2004,before me,Notary Public in and for the State of Iowa, personally appeare 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 volun ily e e uted. ZP'PAL s� DEBORAH S. KRAUTH COMMISSION NO. 129704 otary ublic in and for the State of Iowa * M/y COM ISSION EXPIRES 2 Y D &R FURMAN, L.L.C. B - y. 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—d-day of LAI ,2004,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. DEBORAH S. KRAUTH Z COMMISSION NO. 129704 - MYJCMMISSION EXPIRES ry u is in and for the State of Iowa ,aWA r R. FRIED RICH AND ON C. 0 By: o R ' and K. Frie nch,fresident By: Robe K. Friedrich, Jr., Vice President STATE OF IOWA, STORY COUNTY, ss: On this 9 day of ,2004,before me,the undersigned,a Notary Public in and for the State of Iowa,persoidally 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. a�P?At I? DEBORAH S. KRAUTH COMMISSION NO. 129704 AP�ublic MY COMMISSIO EXPIRESa in and for the State of Iowa IOWA � 3 �1 any , TY OFF AMES, IOWA �7'f 1 4 f i EiSu ss��,sasC�`i 5f `fw 4}. �7ri' r s tigd�y. Lid�jn� ,t � Paul Wiegand rD�rcfor o Public Works wxJkF ,°,err.5 _S t ,ec At=yj slug: ciafr`��.a l7aad 3 }ua Zd7� hf�,�t tt, S�' TEOIOWA, STORY COUNTY ss: On this ?0 day of 2004,before me,a Notary Public in and for the State of Iowa,personally appeared f aul 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. adopted by the City Council on the day of ,2004,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. M DUWE 1MLHELM,IOii�SONNotary Public in and for the ate of Iowa COMMISSION#147WO MY COMMISSION WIRES L:\TRANSITIONAL\DSKRAUTH\SOMERSET\EIGHTEENTH ADDITION\SIDEWALKAGREEMEN'I'.DOC 4