HomeMy WebLinkAboutA005 - Agreement for Sidewalk and/or Bicycle Path, and Street Trees dated November 10, 2003 ® 3 ® 247 8 1
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Prepared by,Jahn R.Klaus,Cityof Ames Legal Department;515 Clark,Ames,Iowa 50010(Phone:515-239-3146)
1� J AGREE E@i r�FOR AND
AND/OR
BICYCLE PAT ND.f H, STREET TREES
The parties to this Agreement are South Fork Townhomes L.C. , their
successors and assigns, hereinafter referred to as "Owners", and the CITY OF AMES, IOW&
hereinafter referred to as"City".
VMEREAS,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 South Fork Townhomes Sub c ivi s i on;
Ames, Story County,Iowa,and
VV'HEREAS,the Owners are required to construct a,sidewalk and/or bicycle path,andplanttrees
in the right-of-way of all streets in the subdivision as part of the platting procedure of the City.
'NOW,THEREFORE,inconsideration ofthe 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
thin reference made a part of this agreement; and,that the Owners shall cause the planting of trees as
required by Section 23.402 of the Municipal Code.of the.City.ofAmes,Iowa,before any City building
or zoning permit will be issued 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 house that abuts on a
segment of a street for which the said sidewalk and/or bicycle path, and tree planting, has not been
completed until the sidewalk and/or bicycle path is completed and trees are planted as aforesaid.
Further,if the sidewalk and/or bicycle path,and the tree planting is not completed as aforesaid for the
segment of the street abutting the house within 24 months of the issuance of the permit for that house,
the said permit shall be revolted,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.
DATED this 10th day o£ November .2003
OVVMRS CITY OF AMES,I
0 d
By.
Paul Wiegand
Director Of PublicQkI {r q ✓� ` r'i
STATE OF IOWA,STORY COUNTY ss: STATE OF IOWA,STORY COUNTY ss:
This instrument was a knowled ed before me this This ins t was acknowledged before me this
day of � ' 200y,by day of ,2001,by Paul Wiegand
and as Director of Public Works for the City of Ames,
Iowa.
Not blic in and for State of Iowa Notary Public in and for State of Iowa
DIANE R.VOSS
R rI11pMIEtJ, o'�p CC)MMISSION#134019
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