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HomeMy WebLinkAboutA009 - Agreement for Sidewalk and Street Trees dated October 23, 2001 010, 14850 vlw� a INST. 87OFIY COUNTY IOWA D I!� F&F-YO FOR F4560HD 1� AMOCT 3 0 2001 pu6AN�. AN�NDD�F,,K��AMr�,ReCo rder""" F�&110$2:3�t�`uD.FU i_--- Space above for recording data By:Craig R.Hastings,Att'y at Law,409 Duff,PO Box 1794,Ames,IA 50010 515 232-2501 AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement are SUNCREST, L.C., its successors and assigns, hereinafter referred to as "Owner", and the CITY OF AMES, IOWA, hereinafter referred to as "City". WHEREAS, the Owner is in the process of platting a subdivision of real estate per Chapter 23 of the Municipal Code of Ames, Iowa, to be known as Suncrest Subdivision, Phase II, Ames, Iowa; and WHEREAS, the Owner is required to construct a sidewalk and plant trees 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 a sidewalk 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, that Owner shall cause the planting of trees required by Section 23.402 of the Municipal Code of the City of Ames, Iowa, before any City building or zoning permit will be issued with respect to said Subdivision; or, in the alternative, 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 with respect to any house that abuts on a segment of a street for which the said sidewalk and tree planting has not been completed until the sidewalk is completed and the trees are planted. Further, if the sidewalk and tree planting are not completed for the segment of the street abutting a house within 24 months of the issuance of the building permit for that house, the building permit shall be revoked and be null and void with respect to that house. 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. r DATED this day of 2001 OWNER CITY OF AMES, IOWA Suncrest, L.C. ••r° By: — By: t Kurt W. Friedrich, Manager Paul Wiegand Director of Public orGcs`: s " 77' STATE OF IOWA,COUNTY OF STORY) This instrument was acknowledged before me on QC4.19 2001 by KURT W. FRIEDRICH as MANAGER of SUNCREST,L.C.. LAUREL K SCHOLL COMMISSION NO.7=" Sign name here w- MYCOMAIISSIQN S Print name here w- �t l-re .SCh7o Now+► MAY 2003 Notary Public in and for said State and County STATE OF IOWA,COUNTY OF STORY) This instrument was acknowledged before me on ©Cf• 3 2001 by PAUL WIEGAND as DIRECTOR OF PUBLIC WORKS of CITY OF AMES, IOWA. ANE I t VOSS W- [C OMMISSION#134019 Signnamehere Print name here w- Dja/�j OSS Y COMMISSION DCPIRES Notary Public in and for said State and County