HomeMy WebLinkAboutA004 - Agreement for Sidewalk and/or Bicycle Path, and Street Trees / Instrument: 200400007263
Date: 06-04-2004 Time: 09:52:08 am.
Rec Fee: 11.00 E-Com Fee:
Aud Fee: .00 Trans Tax: 5.00
® Filed for Record in STORY COUNTY IOWA 00
SUSAN L. VANDE Y,AMP,COUNTY RECORDER
RRN T0-
Prepared y:David D.Nelson,213 N.Ankeny Blvd.,Ste. 100,Ankeny,IA 50021 (515)964-3633
AGREEMENT FOR SIDEWALK AND/OR BICYCLE PATH,
AND STREET TREES
The parties to this Agreement are WILLIAM C. KNAPP, TRUSTEE OF THE
WILLIAM C. KNAPP REVOCABLE TRUST, 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 Bloomington
Heights Plat 11 Subdivision, Ames, Story County, Iowa; and
WHEREAS, the Owners are 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 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 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.
Instrument
200400007263
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 A 11 12004.
WILLIAM C. KNAPP RU E OF THE CITY OF AMES, IOWA
WILLIAM R O ABLE TRUST
By:
a C. p Paul Wiegand
Director of Public Works
STATE OF IOWA ) r'
ss:
COUNTY OF POLK )
This instrument was acknowledged before me on May , 2004,by William C.
Knapp as Trustee of the William C. Knapp Revocable Trust.
DARYL A.NEUMANN '.. P 2
Oamn bwm Number 2W414 Notar ublic in and for Iowa
ow MY COn mbelon E)ires
October 10, 2M
STATE OF IOWA )
) ss:
STORY COUNTY )
This instrument was acknowledged before me thiso2b day of _, 2004,
by Paul Wiegand as Director of Public Works for the City of Ames, Iowa.
Notary Public in and for Iowa
I:KnappProperties/Bloomington/sidewalk agmt
F.- DIANE R.VOSS
r
COMMISSION#134019
MY COMUMMEXPIRES
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