HomeMy WebLinkAboutA006 - First Amendment to Supplemental Agreement for Sidewalk CPA-IT wtt
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INlnstPudent:2015- 000"777
Date:Jun 02,2015 10:25:20A
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Filed for record in Storg Count9t Iowa
Stacie L. Herridset Comb Recorder
DO NOT WRITE INTI I E,SPACE ABOVE THIS LINE;RESERVED FOR RECORDER
Prepared by: Jessica D.Spoden,City of Amcs Legal DLI)artment,515 Clark Ave.,Ames,IA 50010;515-239-5146
Return to; City Clerk,Ames City Hall,515 Clark Avc.,P.O.Box 811 Annes,IA 50010
FIRST AMENDMENT,ro
SUPPLEMENTAL AGREEMENT FOR SIDEWALK
The parties to this Agreement are Karin M. Scvde and Randy Sevde, their successors and
assigns (hereinafter referred to its "Owners") and the City of Atnes, 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 County, Iowa being more particularly described as follows:
Beginning at the Southwest Corner of said Lot 6; thence N 00102'55" 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 89126'52" E, 285.28 feet to a point
on the East line of said Lot 5; thence S 05°34'46" E, 121.78 feet; thence
N 90000'00" W, 5.00 feet to the Northeast Corner of said Lot 7; thence
S 00000'00" W, 506.04 feet to the Southeast Corner of said Lot 7; thence
S 89045'22"W, 582.64 feet to the point of beginning,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.
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
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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 2,�day of cc ,2015.
STATE OF IOWA,COUNTY OF STORY,ss:
Karin M. Sevd
This instrument was acknowledged before me on
May 2_, 2015, by Karin M. Scvde and Randy
Sevde.
Randy evde
Notaryn and for LtL Cratr
T
Yon Nummtrsrs2
CITY OF AMES, IOWA STATE OF IOWA,COUNTY OF STORY,ss:
On this Z? day of May, 2015, before me, a
$ Notary Public in and for the State of Iowa, personally
Ann.H. Campbell, Mayor appeared Ann H. Campbell and Diane R. Voss, to me
personally known and w ho, by me duly sworn, did say
that they arc 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
��Pofie�L:VO$S,.City Clerk corporation; and that the instrument was signed and
scaled on behalf of the corporation, by authori .of i
City Council, as contained in Resolution No.
yr `. �'�,� • , ri 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 or the to of Iowa
��>k mJill L Rippeer
4 Comission JVumber fg I46549
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