HomeMy WebLinkAboutA010 - Large Final Plat Map I Instrument:2015- 00/04777
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Filed for record in Story countgs Iowa
Stacie L. Herridges County Recorder
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DO NOT WRITE 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;515-239-5146
Return to: City Clerk Ames City Hall 515 Clark Ave.,P.O.Box 811 Ames IA 50010
FIRST AMENDMENT TO
SUPPLEMENTAL•AGREEMENT FOR SIDEWALK
The parties to this Agreement are Karin M. Sevde and Randy Sevde, their successors and
assigns (hereinafter referred to as "Owners") and the City of Ames, Iowa (hereinafter referred to
as "City").
WHEREAS, the Owners are one of the successors in interest to the parties to a
Supplemental Agreement for Sidewalk (hereinafter referred to as "Agreement") which was
recorded April 7, 2008, as Inst. No. 08-03444 of the Story County Records; and
WHEREAS, Pearl Hospitality is the other successor in interest to the parties to the
Agreement; and
WHEREAS, the former owner was granted a deferment under the Agreement from the
obligation to install sidewalks along Oakwood Drive upon the posting of financial security for
the installation costs, which was binding on successors and assigns; and
WHEREAS, the Owners desire to execute this amendment to the Agreement as part of
the approval of a new subdivision to be known as Woodbridge Subdivision Plat 3 to continue
deferral of the required sidewalk installation.
NOW, THEREFORE, in consideration of the premises, it is hereby understood and
agreed that:
1. The Agreement dealt with real estate described as follows:
A subdivision of Parcel B in Lots 5, 6, and 7, Oakwood Second Addition to the
City of Ames, Story Co nt Iowa being more particularly described as follows:
Beginning at the Corner of said Lot 6; thence N 00°02'55" E,
335.28 feet along the West line of said Lot 6; thence S 89°26'52" E, 290.00 feet;
thence N 00°08'02" E, 300.00 feet; thence S 89°26'52" E, 285.28 feet to a point
on the East line of said Lot 5; thence 5°34'46" E, 121.78 feet; thence
LN 90000'00" W, 5.00 feet to the Nt Corner of said Lot 7; thence
® 00°00'00" W, 506.04 feet to the So .Vast Corner of said Lot 7; thence
S 89045'22" W, 582.64 feet to the point ofbeginning, containing 6.44 acres.
2. The real estate has been platted since 2008 into two subdivisions; the affected lots
are now known as:
a. Lot 1, Woodbridge Subdivision, Ames, Iowa;
b. Lot 1, Woodbridge Subdivision Plat 3, Ames, Iowa;
C. Outlot A, Woodbridge Subdivision Plat 3, Ames, Iowa.
3. The Owners are the successors in interest to Lot 1, Woodbridge Subdivision Plat
3, Ames, Iowa and Outlot A, Woodbridge Subdivision Plat 3, Ames, Iowa.
4. Pearl Hospitality is the successor in interest to Lot 1, Woodbridge Subdivision,
Ames, Iowa.
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5. The Owners only have the authority to amend the Agreement as to Lot 1,
Woodbridge Subdivision Plat 3, Ames, Iowa and Outlot A, Woodbridge Subdivision Plat 3,
Ames, Iowa. Therefore, this First Amendment amends only those provisions as they relate to
those lots.
6. In lieu of construction of the sidewalk, the former owner agreed to pay such
amount as shall be reasonably required from time to time by the City's engineer. At the time of
approval, that amount was determined to be $8,162.00. The former owner provided that sum to
the City to be held in escrow by the City for future construction of sidewalks along Oakwood
Drive. This currently escrowed amount shall remain in escrow and shall be used for the future
installation of the sidewalk on Lot 1, Woodbridge Subdivision.
7. The Owners desire to continue deferral of the required sidewalk installation.
Deferment of construction is appropriate as installation is premature and is authorized by
ordinance upon execution of this agreement.
8. The sum currently in escrow with the City is not sufficient; therefore, the Owners
shall deposit an additional sum of$9,328.00 upon the execution of this First Amendment by all
parties. This additional sum shall be used for the future installation of the sidewalks on Lot 1
Woodbridge Subdivision Plat 3, Ames, Iowa and Outlot A, Woodbridge Subdivision Plat 3,
Ames, Iowa.
9. This First Amendment amends only those provisions pertaining to Lot 1,
Woodbridge Subdivision Plat 3, Ames, Iowa and Outlot A, Woodbridge Subdivision Plat 3,
Ames,Iowa. The remaining terms of the Agreement shall remain in full force and effect.
10. 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.
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Dated this day of 2015.
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STATE OF IOWA,COUNTY OF STORY,ss:
Karin /Se This instrument was acknowledged before me on
May ZO , 2015, by Karin M. Sevde and Randy
Sevde.
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Randy
Notary la and fnr the 4tata of �
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Commission Number I'GEMN•;l
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CITY OF AMES, IOWA STATE OF IOWA, COUNTY OF STORY,ss:
�! On this 264k day of May, 2015, before me, a
$ Notary Public in and for the State of Iowa, personally
appeared Ann H. Campbell and Diane R. Voss, to me
Ann H. Campbell, Mayor
personally known and w ho, by me duly sworn, did say
' that they are the Mayor and City Clerk, respectively, of
the City of Ames, Iowa; that the seal affixed to the
foregoing instrument is the corporate seal of the
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Diane R. Voss, City Clerk corporation; and that the instrument was signed and
sealed on behalf of the corporation, by authorit of it
City Council, as contained in Resolution Ni
adopted by the City Council on the day of
May, 2015, and that Ann H. Campbell and Diane R.
Voss acknowledged the execution of the instrument to
be their voluntary act and deed and the voluntary act and
deed of the corporation,by it voluntarily executed.
Notary Public in and for the '&ate of Iowa
o�V,IAls Jill L. Ripperger
sS Commission Number 146549
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