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HomeMy WebLinkAboutA006 - Agreement for Sidewalk and Street Trees dated June 8, 2006 jp LO Instrunent:2006- 00007625 N Date:Jun 2E►2006 03:29:57P D Rec Fee: 20.00 E-Con Fee: 1.00 G/ Aud Fee: .00 Trans Tax: .00 e �i£ Rec Manasenent Fee: 1.00 �a c �; Non-Standard Page Fee: .04 Filed For record in Story County► Iowa Susan L. Vande Kam County Recorder Instrument Prepared By and Return To: 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 TWENTY-FIRST 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 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 _l4^ , 2006. OWNERS ERBEN HUNZIKER AND MARGARET HUNZIKER DEVELOPMENT L.C. By: Dean E. unziker, Manager STATE OF IOWA, STORY COUNTY, ss: On this X day of J tj ne ,2006,before me,Notary Public in and for the State of Iowa, personally appeared Dean 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 voluntarily executed. r KOALJ�E:AINNIEFA. STOLEE MIS37834 otary Public in and for the State of Iowa MMXPIRES 2 D &R FURMAN,L.L.C. By: Donald M. Furman, as Co-Trustee of the Donald and Ruth Furman Revocable Trust Dated March 1, 1991, Member STATE OF IOWA, STORY COUNTY, ss: 'I On this 9 day of ai ty 2006,before me,Notary Public in and for the State of Iowa, personally appeared Donald 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. �PQ,1AL S� JEANNIE A. STOLEE $ COMMISSION#137834 * MY COMMISSION EXPIRES ,v; _ JL4 -G otary Public in and for the State of Iowa R. ;ein1hard By K. Friedrich, P ident By: 1 Robert K. Friedri , Jr., Vice President STATE OF IOWA, STORY COUNTY, ss: On this--q day of _)G t:24 ,2006,before me,the undersigned,a Notary Public in and for the State of Iowa,personally appeared 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. _$%AL s JEAI�INIE A. STOLEE o COMMISSION#137834 * M`/COMMISSION EXPIRES +owH I —I y-r/L otary Public in and for the State of Iowa 3 CITYOFA IOWA 0w ByfiY 'y �swCy(( F 3r.' b+'�r�a ���t4��`^a.>•,*,,,4w �y�.a i�Fxr � 5 r "; hn Joiner TJ1xector f Public Works �tA��tr +�,ffJ'F 7�-1+ti�t f F n 'a�5 jai '§ sr�} '7' .a c't'Si "ysfi+t+i` i n 4 s rxy n Z r. r #,; 4`! vi7 r y it~at d,� r Y.x r ,t v'"Yt+`5i F.� - �x ..,.. u,.✓. STATE O �IOWA', STORY COUNTY ss: On this c�1 day of �u V 2Q:�65 beQ�.e me,a Notary Public in and for the State ! Y lF o of:Iovva, personally appeared W 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 Revolution No.06"0&5 A adopted by the City Council on the ol�day of Su-VVL�l ,200/,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. Notary Public in and fort e State of Iowa JILL L. RIPPERGER COMMISSION##146640 " MY COMMISSIO©- PIRES 10W XACEent_MHunziker_EntitiesNHunziker_Fu man_Friedrich\Somerset_Twenty-Pirst_Addition\Sidewalk Agrmimnt.doe 4