HomeMy WebLinkAboutA009 - Agreement for Sidewalk and/or Bicycle Path dated September 16, 2008 i Instrument:2008- N012109
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Filed for record in Story County? Iowa
Susan L. Vande Kawy County Recorder
S P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Return document to: V.A.Feflnieyer Attomey at law,1416 Buckeye Ave.,Ames IA 50010
Document prepared by: V.A.Feilmeyer,Attomey at law,1416 Buckeye Ave.,Ames IA 50010—Ph.515-233-3000
AGREEMENT FOR SIDEWALK AND/OR
BICYCLE PATH
The parties to this Agreement are Hickory Park, 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 East Hickory Park
Subdivision Second Addition,Ames, Story County,Iowa; and
WHEREAS, the Owners are required to construct a sidewalk and/or bicycle path 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 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
2
understanding that an "occupancy permit" under City ordinances shall be withheld with
respect to any structure that abuts on a segment of a street for which the said sidewalk and/or
bicycle path has not been completed until the sidewalk and/or bicycle path is completed as
aforesaid. Further, if the sidewalk and/or bicycle path 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 structure.
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 Ifo day of September 2008.
HICKO PARK,
BY:
David E. Wheelock, President
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on September I Co 2008,by
David E. Wheelock as president of Hickory Park,Inc.
VICTORIA A.FEILYEVER��y Nun
ow July 17,20J,jZ NOTARY PUBLIC
DCfobp-r
DATED this `t day of SeptuR*eF 2008.
CITY OF AMES, OWA
BY:
D' ector of Public VJorks
3
STATE OF IOWA,COUNTY OF STORY,SS.: OcWoey-
is instrument was acknowledged before me on Supten*tr [ 4 2008, by
v-)0 01 VIEW- , as Director of Public Works for the City of Ames, Iowa.
c`_�d '
NOTARY PUBLIC
XAL DIANE R.VOSS
s`� COMMISSION#134019
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