HomeMy WebLinkAboutA003 - Agreement for Sidewalk and/or Bicycle Path, and Street Trees dated September 27, 2004 • M
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Effective Date: September, 2003
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DO NOT WRrrE 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)
W � AGREEMENT FOR SIDEWALK AND/OR
as BICYCLE PATH, AND STREET TREES
The parties to this Agreement are Randall Corporation, 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 Aspen Ridge 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
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Effective Date: September, 2003
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 27th day of September, 2004.
OWNERS CITY OF AMES,IOWA
By: By:
Paul Wiegand
Director of Public Works
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STATE OF IOWA,STORY COUNTY ss: STATE OF IOWA,STORY COUNTY ss:
This instrument was acknowledged before me This instrument was acknowledged before me
this day of_QLX '. -b-ck-, , 2001, by this t,;? day of/1- , 200 , by Paul
and - �---- Wiegand as Director of Public Works for t e City of
Ames,Iowa.
Notary Public in and for State of Iowa Notary-Public in and for State of Iow
F81-Agrmt for Sidewalk and or Bicycle Path,101801.wpd
P A DIANE WILHELM-JOHI SON
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COMMISSION# 147508
P ioa Number 222149 BOON
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