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HomeMy WebLinkAboutA009 - Agreement for Sidewalk, Bike Paths, and Street Trees dated December 15, 2006 It 0 0 � Instrument:2007- 00003889 U (late:Aar 20r2007 03:14:15F © Rec Fee: 10.00 E-Com Fee: 1.00 o 0 o G Aud Fee: .00 Trans Tax. .00 Rec Manasement Fee. 1.00 65 ® Hon-Standard Page Fee. .00 Filed for record in Story Countst Iowa aZi Susan L. Hande Kampy County Recorder Gzd PG N 'b N Instrument Prepared By and Return to: Deborah S.Krauth, 1416 Buckeye,Ste.200,Ames,IA 50010;515-232-3921 AGREEMENT FOR SIDEWALK,BIKE PATHS AND STREET TREES The parties to this Agreement are PINNACLE PROPERTIES AMES,L.L.C.,hereinafter referred to as "Developer" and the CITY OF AMES, IOWA, hereinafter referred to as "City". WHEREAS,the Developers 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 The Estates of Nature's Crossing Subdivision, Ames, Story County,Iowa; and WHEREAS, the Developers are required to construct sidewalk, 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 Developers shall construct sidewalk and bike paths 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,developers may obtain said permits and proceed with construction pursuant to said permits,with the understanding r h J that an occupancy permit under City ordinances shall be withheld until the sidewalk,bike paths and street trees are completed as aforesaid. If these items are 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 IS day of ate — , 2006. DEVELOPER PINNACLE PROPERTIES MdES, L.L.C. Keith D. Arneson, Manager STATE OF IOWA, STORY COUNTY, ss: On this day of ,2006,before me,Notary Public in and for the State of Iowa, personally appeared Keith D. Arneson, to me personally known, who being by me duly sworn did say that he is 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 Keith D.Arneson acknowledged the execution of said instrument to be the voluntary act and deed of voluntarily execute a'//&,� cFAc s� DEBORAH S. KRA T z COMMISSION NO. 129704 x ,a, ,� otar Pu lie in and for the State of Iowa -. -� MY C MMIS ION E PIRES y CITY OF A S, IOWA �- axz"h '3 k n Joiner;: xx +rx F_ Diector,QI'ullie Works apstuqua��SICYauth\,ti.Don�CAmeson_Keith_D�Pinuzcle Properties Ames,L.L.C\Estates_of_Natores_Crossut�_Subdiv'sionWgreement for Sidewalk and Street Trees.doc 2