HomeMy WebLinkAboutA008 - Agreement for Sidewalk and Street Trees dated July 16, 2004 Instrument: 200400011354
Date: 08-16— '004 Tine: 01:13:23 pm.
Rec Fee: 21.00 E—Com Fee: 1.00
. . Aud Fee: .00 Trans Tax: .00
Filed for Record in STORY COUNTY IOWA
SUSAN L. VANE KAMp COUNTY RECORDER
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Instrument Prepared By:
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 ERBEN HUNZIKER AND MARGARET HUNZIKER
DEVELOPMENT, L.L.C.; D & R FURMAN, L.L.C.; and R. FRIEDRICH & 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
SEVENTEENTH 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 requited 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
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 day of V I , 2004.
OWNERS
ERBEN HUNZIKER AND MARGARET HUNZIKER
DEVELOP ,L.L.C.
By:
Lean E. Hunziker, Man ger
STATE OF IOWA, STORY COUNTY`, ss:
On this day of .� / ,2004,before me,Notary Public in and for the
State of Iowa, personally appeared Dea 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 voluntaril ecuted.
1-2
STACIE L. COOMES
Notary Public in and for the State of Iowa
COMMISSION NO. 164402
* MY COMMISSION EXPIRES
oWA 3 —d-u —v
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D &R MAN, L.L.
By:
Donald M. Furman, ai Co-Trustee of the
Donald and Ruth Furman Revocable
Trust Dated March 1, 1991, Member
STATE OF IOWA, STORY COUNTY, ss:
On this /3 day of l ,2004,before me,Notary Public in and for the
State of Iowa, personally appeared Don ld 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.
PEAL s STACIE L. COOMES _
o COMMISSION NO. 164402
* MY COMMISSION EXPIRES
JowA 3 - d-v —c� Notary Public in and for the State of Iowa
R. FRIE H&S NS, NG"/'
By. ,
Reinhard K. Friedrich, P esident
By:
Ro ert K. Friedric , Jr., Vice President
STATE OF IOWA, STORY COUNTY, ss:
On this 3 day of .J ,2004,before me,the undersigned,a Notary Public
in and for the State of Iowa,personally a peared 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.
o PAc s� STACIE L. COOMES
COMMISSION NO. 164402 ffxlx�,-
* MY OMMISSION EXPIRES
�owA �d-v Notary Public in and for the State of Iowa
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'
CI�Y�OFlA VIE&-JOWA
Paul Wiegand,
.�' r x } Directox:�f Public Works
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STATE OPIMA, STORY COUNTY ss:
On this day of Aj ,2004,before me,a Notary Public in and for the State
Wiegand, to me personally known, and, who,being by me duly
of Iowa, personally appeared Pa
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 Coun il, as contained in Resolution
No. ()±539 adopted by the City Council on the 10 M day of t\-U-q u Z->1V ,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.
o�pa�n� DIANE WILHELM-JOHNSON Notary Public in and fort State of Iowa
* * COMMISSION#147508
MY COMMI S/0N DVIRES
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