HomeMy WebLinkAboutA005 - Agreement for Sidewalk and Street Trees dated January 26, 2009 0
U9 /Xik Instrument:2009- 00004016
M Date:Aar 16Y2009 03:07:45P
s;+ D Rec Fee: 15.00 E-Con Fee: 1.00
0 6 Aud Fee: .00 Trans Tax: .00
- Rec Management Fee: 1.00
N Non-Standard Page Fee: .00
o Filed for record in Storg Countgl Iowa
era' Susan L. Vande Kamp? Counh Recorder
44
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 E.A. HUNZIKER DEVELOPMENT, L.L.C., D & R
FURMAN,L.L.C.and R.FRIEDRICH AND SONS,INC.(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 SOMERSET
SUBDIVISION TWENTY-THIRD 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
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
.,
j 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 thisc2b day o , 2009.
-OWNERS-
E.A. HUNZI R DEVELOPMENT, L.L.C.
By:
van E. Hunziker, Man-
STATE STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on thist ay of January,2009,by Dean E.
Hunziker as a Manager of E.A. Hunziker Development, L.L.C.
`" DI Nn SUNTKEN Notary Public in and for the State of Iowa
$ `��Commission Number 747650 ry
Cora I sb q d
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as
D & R FURMAN,L.L.C.
By: DONALD AND RUTH FURMAN
REVOCABLE TRUST DATED
MARCH 1, 1991, Member
uth W. Furman, Co-Trustee
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on thisw day of January,2009,by Ruth W.
Furman as Co-Trustee of the Donald and Ruth Furman Revocable Trust dated March 1, 1991 as the
Member of D &R Furman, L.L.C.
1nj
NotalyPublic in and for the State of Iowa
R. FRIEDRICH AND SONS,INC. �. JULIE STRUM
Commission Number 730023
;� /J My Commission
Expires
b August 17,2010
By:
einhard FriPic K. e , $ esident
By:
4ertR. riedrich, ice President
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on thin day of January,2009,by Reinhard
K. Friedrich and Robert K. Friedrich as President and Vice President,respectively, of R. Friedrich
and Sons, Inc. _
DIANNE SUNTKEN
Commb idon Number 747650 n r✓1,y�
resPotary
Public in and for the State of Iowa
� � x
-CITY OF AMES,IOWA:
John Joinery
w
Director of Public Works
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