HomeMy WebLinkAboutA006 - Agreement for Sidewalk and Street Trees dated September 9, 2008 s,
® JrInstrutaent:.2008- 00011466
a A"'t M Date:Dct 22Y2008 11:32:58A
D Rec Fee: 15.00 E-Coca Fee: 1.00
G Aud Fee: _ .00 Trans Tax: .00
Rec Management Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Story Countyp Iowa
Susan L. Vande Kamer County Recorder
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INSTRUMENT PREPARED BY: Brian D.Torresi,1416 Buckeye Ave.,Ste.200,Ames,IA 50010(Tel:956-3900
RETURN To: Brian D.Torresi, 1416 Buckeye Ave.,Ste.200,Ames,IA-50010 Tel:956-3900
AGREEMENT.FOR SIDEWALK AND STREET TREES
The parties to this Agreement are QUAM LBUTED PARTNERSHIP and HUNZIIKER
LAND DEVELOPMENT COMPANY, L.L.C. (hereinafter collectively referred to as the
"Owners")and the CITY OF AMES,IOWA(hereinafter referred to as the"City").
WHEREAS,the Owners are in the process of platting a subdivision of real estate pursuant to
Chapter 23 of the Municipal Code of the City of Ames,Iowa,to be known as ESTATES WEST
SUBDIVISION SECOND ADDITION,AMES,STORY COUNTY,IOWA(the"Subdivision");
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 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
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a part of this agreement,and plant the trees as required by Section 23.402 of the Municipal Code of
the City of Ames,Iowa,before any building or zoning permit will be issued by the City with respect
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to affected lots; or, in the alternative, the 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 sidewalks are completed and street trees planted as aforesaid.
If the sidewalks are not completed or trees are not planted as aforesaid within twenty-four (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(21)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 St U4btr 2008.
-OWNERS-
HUNZIKER DE LOP NT COMPANY,L.L.C.
By:
e .Hunziker,M err/
By: C�Lt,fitlw�
Charles E. Winkleblack,Manager
STATE OF IOWA, STORY COUNTY, ss:
fiber
On this 9 tl, day ofs
S t,2008,before me,the undersigned,a Notary Public in and for
the State of Iowa, personally appeared Dean E. Hunziker and Charles E. Winkleblack, to me
personally known, who being by me duly sworn did say that they are Managers 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 Dean E. Hunziker and Charles E. Winkleblack
acknowledged the execution of said instrument to be the voluntary act and deed of said limited
liability company by it and by them voluntarily executed.
Notary Pu lic in and for the State of Iowa
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NOXFIRES _
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QUAM LBUTED PARTNERSH P
By4oE.
Quam,General Partner
STATE OF CALIFORNIA,COUNTY OF San ss:
On this z"q day of 20 ,before me,the undersigned,a Notary Public in and for
the State of California,personally appeared John E.'Quam,to me personally known,who being by
me duly sworn did say that he is a General Partner of said limited partnership and that said
instrument was signed on behalf of the said limited partnership by authority of its General Partners
and the said John E.Quam acknowledged the execution of said instrument to be the voluntary act
and deed of said limited partnership by it and by him voluntarily executed.
R.R.HENRY-PERRIN
COmml 6lon#1711327
Notary Public-California
Son Mal"County Notary Public an a tate of Ualifornia
Cann. otDaclb 10 Cam,
IQ•R. HoWAY: v=W,Wofa
-CITY OF AMES,IOWA-
ZBy: �— .
JoKn Joiner
irector of Public Wor
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