HomeMy WebLinkAboutA005 - Agreement for sidewalks, bike paths and street trees dated August 23, 2012 I Instrument:2012- 00010362
co t9 Date:Sep 05,2012 02:21:20P
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Filed for record in Story County, Iowa
Susan L. Vande Kama: County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: Judy K.Parks,City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010;515-239-5146
Return document to: Ames City Clerk,515 Clark Ave.,P.O.Box 811,Ames,IA 50010
AGREEMENT FOR SIDEWALKS,BIKE PATHS AND STREET TREES
The Parties to this Agreement are The Ridge at Fountainview, L.C., an Iowa Limited
Liability Company(the "Owner") and the CITY OF AMES,IOWA(the "City").
WHEREAS, the Owner is 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
FOUNTAINVIEW SUBDIVISION, SECOND ADDITION, AMES, STORY COUNTY,_
IOWA(the "Subdivision"); and
WHEREAS, the Owner is required to construct sidewalks, plant street trees and construct
bike paths 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 Owner shall construct sidewalks and bike paths as required by the City for said
subdivision, in accordance with plates—and specifications on file with the-City s--- - -
engineers and by reference made a part of this agreement, specifically including the
obligation to construct these and to plant street trees along the Maricopa Drive
frontage of Outlot E of Fountainview Subdivision, First Addition, before any building
or zoning permit will be issued with respect to the lots in Fountainview Subdivision,
Second Addition. In the alternative, the Owner 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 and bike paths are
completed and street trees are 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 revolted, 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.
IN WITNESS .WHEREOF the undersigned has executed this instrument on August
2012.
THE RIDGE AT FOUNTAINVIEW,L.C.
By
Dickson D. Jensen, anager
STATE OF IOWA, COUNTY OF STORY, ss:
This instrument was acknowledged before me on August '73 , 2012,by Dickson D. Jensen, as
Manager of The Ridge at Fountainview,L.C.
• 191916 Notar lic ' or the State of Iowa
EMOK J.CHARTER
LV - CITY OF AMES, IOWA
Q
,Dated v � 92012
ion Joiner,Direct of Public Works
STATE OF IOWA, COUNTY OF STORY, ss:
This 'instrument was acknowledged before me on August , 2012, by John Joiner, as
Director of Public Works, City of Ames, Iowa.
Notary Public in and for 8e State of Iowa
70938.docx ant JILL L.RIPPER R
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