HomeMy WebLinkAboutA009 - Agreement for Sidewalk and/or Bicycle Path and Street Trees dated May 31, 2006 r �
Y Instrument:2006- 00007069
N 6ate:Jun 19,2006 11:53:35A
U Rec Fee: 15.00 E-Com Fee: 1.00
G Aud Fee: .00 Trans Tax: .00
Rec "ana9ement Fee. 1.00
Non-Standard Page Fee: ,00
Filed for record in Story Countyr Iowa
Susan L. Vande Kama, County Recorder
RETURN TO: AMES CITY CLERK — BOX 811 — AMES IOWA 50010
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Douglas R.Marek,City of Ames Legal Department,515 Clark,Ames,Iowa 50010
(Phone: 515-23 9-5146)
AGREEMENT FOR SIDEWALK AND/OR BICYCLE PATH".
AND STREET TREES
The parties to this Agreement are SOUTH DAYTON DEVELOPMENT, L.C.,
and RADHE, 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 South Gateway
Development Plat 2, 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 Lpquired by Section 23.402 of the Municipal
Code of Ames, Iowa, before any City built' g 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 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
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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 f day of 11A C',,, , 2006.
OWNERS CITY OF AMES, IOWA
SOUTH DAYTON DEVELOPMENT, L.C. =F
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By. By• A,
sLT};J� '�t �' p �J �+y
Brent Haverkamp, Manager Jo Joiner,
4 9k ti I tf
Director of Public WorkS�F��f, j-
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STATE OF IOWA, STORY COUNTY ss:
This instrument was acknowledged before me on 44,VI s� 2006 b t
> y
Brent Haverkamp as Manager of South Dayton Development, L.C.
eAPPW. 4� ZACK LUDWIG
• Commission Number 7215I31 Notar lic in and for State of Iowa
ow MY COMM.EXP. --a .v q
STATE OF IOWA, STORY COUNTY ss:
This instrument was acknowledged before me on �Tc(„VLF , 2006,
by John Joiner as Director of Public Works for the City of Ames, Iowa.
Q�nc DIANE R. VOSS
s� COMMISSION#134019 Notary Public in and for State of Iowa
MY CQMMI�SI N EXPIRE
IOWA f I �larr
Pie z
RADHE, INC.
By: e2Z7nffk:_—n
Arvind B. Patel,President
pAk-
STATE OF IOWA, STORY CO' JNTY ss:
This instrument was acknowledged before me on ,2006
by Arvind B. Patel as President of Radhe, Inc..
t® ®EBBIE JETSIAf�PI®
Notary Public in anV()rlate of Iowa
--zCommission Numbed G7601 _ -- - --— -
-vi My Commission Expires
South Dayton Development Sidewalk, Bike Path, Street Trees Agreement- 052506
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