HomeMy WebLinkAboutA008 - Agreement for Sidewalk and/or Bicycle Path, and Street Trees dated October 7, 2006 44"
o a Instrument:2006- 00013201
N Date:Dct 2672006 03:10:55P
D Rec Fee: 15.00 E-Con Fee: 1,00
o Aud Fee: . Trans Tax: .00
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E" Cj Rec tianaeenent Fee:
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Non-Standard Page Fee: .00
z Filed for retard in Story Countgr Iowa
as Susan L. Vande Kamp County Recorder
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Prepared by and after recording return to: Christoplier R.Pose 317 Sixdt Avenue Suite 300 Des Moines IA 50309
AGREEMENT FOR SIDEWALK AND/OR
BICYCLE PATH, AND STREET TREES
The parties to this Agreement are Hy-Vee, Inc., 5820 Westown Parkway,
West Des Moines, Iowa 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 Hy-Vee Subdivision,First
Addition,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 Sub.division;in accordance with plans and specifications on file with the City's
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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 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 day of October,2006.
Hy-Vee, Inc. CITY OF AMES IOWA
By: _ �--�--
Richard 14. urg' ns, P ident Direct o 6f Public Works
By:
—Step0en Meyer, Secre ry
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STATE OF IOWA,POLK COUNTY ss:
This instrument was acknowledged before me this 7q day of October, 2006 by
Richard N.Jurgens,President and Stephen Meyer, Secretary of Hy-Vee,Inc.
o�Q(MMAL S9 JULIE L. JENSEN �^
COMMISSION NO. 123588 V
* MY COMMISSI N EXPIRES
Iowa Not ublic in and for St of Iowa
STATE OF IOWA,STORY COUNTY ss:
This instrument was acknowledged before me this q17 day of October, 2006 byloKrt J D lYle.r'as
Director of Public Works for the City of Ames,Iowa.
Notary PublicA and for State of Iowa
KCINDY L. HOLLARMISSION N0. 139989 OMMI SION EXPIRM1 U
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