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HomeMy WebLinkAboutA009 - Agreement for Sidewalk and/or Bicycle Path t RETURN TO: GENE DREYER BOLTON & MENK, INC. 2730 FORD ST. AMES, IOWA 50010 ,I� InstruMent:2014- 00001470 M Date:Feb 28,2014 09:03:54A D Rec Fee: 10.00 E-Coa Fee: 1.00 Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Story County, Iowa Susan L. Vande Kamp, County Recorder DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER �Rp_-1 Ur„ -lp*Prepared by:Pastor Randy Abell,Heartland Baptist Church,3504 Grand Avenue,Ames,IA 50010-4127 AGREEMENT FOR SIDEWALK AND/OR BICYCLE PATH The parties to this Agreement are Heartland Baptist Church, 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 Baptist Acres Subdivision, Ames,Story County,Iowa; and WHEREAS, the Owners are required to construct a sidewalk and/or bicycle path in the right-of-way or easements 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 h with respect to said subdivision; or, in the alternative, 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 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 structure 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 day of `� , 20 OWNERS CITY OF AMES,IOWA _. By: By a Director of Public Works'} By. W STATE OF IOWA,STORY COUNTY ss: STATE OF IOWA,STORY COUNTY ss: This instrument was acknowledged before me This nstrument was acknowledged before me this day 0 e.m by this �0 day of Vt ,°�,b W as Dire of Public Work or the City of Ames, Iowa. Notary Public in and for State of Iowa Notary Public ' and for State of Iowa se `8F KENDRA WATSON o� ,�, Emily A. Burton 47-C�m�;ssian Number 756607 Canmission(Humber 742780 My o,ira ->^.an ires MyCommissionExpires /OW �1 •1f7