HomeMy WebLinkAboutA008 - Agreement for Sidewalks, Bike Paths, and Street Trees - ca Instrument: 2004000135H
Date: 10-01-2004 Time: 12:47:58 pm.
j', Rec Fee: 16.00 E-Com Fee: 1.00
Aud Fee: .00 Trans Tax: .00
Filed for Record in STORY COUNTY IOWA
° 13U'3AN L. VANDE 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 SIDEWALKS,BIKE PATHS AND STREET TREES
The parties to this Agreement are HUNZIKER LAND DEVELOPMENT COMPANY,
L.L.C., hereinafter referred to as "Developer" and the CITY OF AMES, IOWA, hereinafter
referred to as "City".
WHEREAS, the Developer is in the process of platting a subdivision of real estate per
Chapter 23 of the Municipal Code of Ames, Iowa, to be known as FOUNTAINVIEW
SUBDIVISION,AMES, STORY COUNTY, IOWA; and
WHEREAS,the Developer is required to construct a sidewalk and bike paths 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 Developer shall construct a sidewalk and bike paths 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 plant the 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 affected lots;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
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ordinances shall be withheld until the sidewalk and bike paths are completed and trees planted as
aforesaid; and,further,that if the sidewalk and bike paths are not completed or 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 I day of , 2004.
DEVELOPER
HUNZIKER LAND DEVELOPMENT
COMPANY, L .C.
By: — — (_
e E. Hunziker, Man ger
By: o titi'
Charles E. Winkleblack, Manager
STATE OF IOWA, STORY COUNTY, ss:
On this_L day of ,2004,before me,Notary Public in and for the
State of Iowa,personally appear Dean E.Hunziker and Charles E.Winkleblack,to me personally
known,who being by me duly sworn did say that these persons are Managers 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 Dean E.Hunziker and Charles E.Winkleblack acknowledged
the execution of said instrument to be the voluntary act and deed of said limited liability company by
it voluntarily executed.
n,,AL DEBOR AUTH
Pr S� COMMISSION N.
t29704 Notary Public in and for the State of Iowa
MY COMMISSION EXPIRES
OWA
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STY OF t�.MES,,IOWA
13 Paul WieSdrid.-:
F+w p 52 Director of,Pu .c Works
Ld_Transitional\I-I iker_Entities\Hunziker_Land_Development_Cottgpany_LLC\Fowrtainview_SubdivisionWgreeSidewakdoc
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