HomeMy WebLinkAboutA004 - Agreement for Sidewalk and Street Trees dated September 24, 2004 _ P
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instrisnent: 200400014144
Date: 10 18 R004 Time. 12:00:56 pm.
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tom ? Q Filed for Record in STORY COUNTY IOWA
SUSAN L. VANDE RAIT1A,COUNTY RECORDER
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m instrument Prepared By:
`"' beborah 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
APARTMENTS,L.L.C., 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 pursuant to
Chapter 23 of the Municipal Code of Ames, Iowa, to be known as LONGVIEW SUBDIVISION
THIRD 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 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 ordinances shall be withheld until the sidewalk is completed as aforesaid; and,
further, that if the sidewalk is not completed 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 , 2004.
OWNERS
ERBEN HUNZIKER AND MARGARET
HUNZIKER AP TMENTS,L.L.C.
By:
Dea Hunziker,Manager
STATE OF IOWA, STORY COUNTY, ss:
On this Z4 day of , 2004, before me, the undersigned, a Notary
Public in and for the State of low personally appeared Dean Hunziker, to me personally known,
who being by me duly sworn did say that he is a Manager 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 Hunziker acknowledged the execution of said instrument to be the
voluntary act and deed of said limited liability company by ' vol nt ' executed.
a1ZS. KRAUTH of Public in and for the State of Iowa
NO. 129704
l0 EX RES
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CITY OF AMES, IOWA
By:,
b Paul Wiegand
zs DireOtoro£,Publc Works
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r .�J S FATE O IOWA, STORY COUNTY ss:
{ On this day of �9CZL i2 ,2004,before me,a Notary Public in and for the State
of Iowa, personally appeared Paul 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.
�PptA1 s� DIANE WILHELM-2EXPIRE]S
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* COMMISSION Notary Public in and fort State of Iowa
MY COMMISSION
1OWA
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