HomeMy WebLinkAboutA009 - Agreement for sidewalks, bike paths and street trees dated July 31, 2012 - RECORDED J.
I Instrunent:2012- 00010367
h Date:Sep 05r2012 02:40:31P
D Rec Fee: 15.00 E-Com Fee: 1.00
6 Aud Fee: .00 Trans Tax: .00
R Rec flanasement Fee: 1.04 COPY
Non-Standard Pose Fee: .00
Filed for record in Story Countyr Iowa
Susan L. Vande iLampr 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: VictoriaA.Feffimeyer,1416 BuckeyeAve.Ste.200,Ames,IA50010
Document prepared by: VictoriaA.Feilmeyer,Attomey at law,1416 Buckeye Ave Ste 200,Ames,IA 50010 515 956-3900
AGREEMENT FOR SIDEWALKS,BIKE PATHSAND STREET TREES
The parties to this Agreement are The Ridge at Fountainview, L.C., an Iowa limited liability
company(the"Owner"),the CITY OF AMES,IOWA(the
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,THIRD 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 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 to affected lots; or, 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 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
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 July 31 2012.
THE RIDGE AT FOUNTAINVIEW,L.C.
BY:
Di on D.Jensen,Manager
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on July . 1 , 2012, by Dickson D. Jensen, as
Manager of The Ridge at Fountainview,L.C.
69C J.CHAMN NO
Ccsr fission Number 101016
=rV4 on Expire
CITY OF AMES,IOWA
t
Dated: Avq Ltc 3o 2012. BY: C
JAnJoiner,Director f Public Works
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on (/ 2012,by John Joiner,as
Director of Public Works,City of Ames,Iowa.
EMILYA.BURTON OTARY P ' LI
1p S
9 Commission Number 742780
I., My Commission Exrirns