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HomeMy WebLinkAboutA001 - Agreement for Sidewalk and/or Shared Use Path dated March 20, 2014 RETURN TO: i4/4 Instrument:2014- 00002267 ERIK S. FISK 11 Date:Apr 03r2014 09:36:00A WHITFIELD & EDDY, PLC YFiled Rec Fee: 10.00 E-Com fee: 1.00 317 6TH AVE., Aud Fee: .00 Trans Tax: .00 DES MOINES, IOWA 50309 Rec- Management Fee: 1.00 Non-Standard Page Fee: .00 for record in Story Counter Iowa Susan L. Vande Kamer County Recorder DO NOT 541RITE IN THE SPACE:ABOVE THIS LINE;RESERVED FOR RECORDER Prepared by: Jessica D.Spoden,City of Ames Legal Department,515 Clark Ave.,Ames,IA 50010(Phone: 515-239-5146) .R*tern4&: City of Ames City Clerk 515 Clark Ave Ames IA 50010 AGREEMENT FOR SIDEWALK AND/OR SHARED USE PATH The parties to this agreement are Kinneer Development, LLC, 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 IOTH ADDITION, DAUNTLESS SUBDIVISION, Ames, Story County, Iowa;and WHEREAS, the Owners are required to construct a sidewalk and/or shared use path in all segments that abut a street 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: l. The Owners shall construct a sidewalk and/or shared use 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 zoning/building permit will be issued with respect to said subdivision. 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 building in the subdivision unless and until the sidewalk and/or shared use path is completed as aforesaid for the entire subdivision. Further, if the sidewalk and/or shared use path is not completed as aforesaid for the entire subdivision within twenty-four(24) months of the issuance of the zoning building permit for any building, the said building permit shall be revoked and be null and void with respect to that building. 2. This agreement shall be filed of 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 Z© day of , r , 2014: OWNERS CITY OF AMES,IOWA ,�e— K6inKtn'rtneer An Joiner, Director f Public Works STATE OF IOWA.COUNTY OF STORY,ss: STATE OF IOWA,COUNTY OF STORY,ss: This instrument was acknowledged before me on This instrument was acknowledged before me on by Kevin Kinneer as Manager ri l 1 201 by John Joiner as Director of of Kinneer Developm P bl orks it >' s a. ::) otary Publi in a d for the Statc of Iowa Notary a Ic for the State of4wra O .• u Emily A. Burton � ta � Commission Number 742780 Rp`EA'N i MyCommisewn Erns KEN p OF: CO�'O oO�Q iss,or ."PIKE`'oG� r