HomeMy WebLinkAboutA022 - Agreement for Sidewalk and Street Trees Instrument: 200400011872
Oate: 08-26-2004 Time: 12:41:16 pm.
M Rec Fee: 11.00 E-Cam Fee: 1.00
0 , V
Aud Fee: .00 Trans Tax: .00
i Filed for Record in STORY COUNTY IOWA
SUSAN L. VANDE KAMP,COUNTY RECORDER
/ ,
Prepared by&Return to:Timothy C.Hogan,3101 Ingersoll Avenue,Des Moines,Iowa 50312 (515)279-9059
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are AMES LAND COMPANY,L.L.C.,an Iowa limited liability
company, 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 BLOOMINGTON HEIGHTS WEST PLAT 3,
Ames, Story County, Iowa; and
WHEREAS,the Owner is required to construct a sidewalk and plant trees in the right-of-way of
all streets 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:
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 the Owner shall cause the planting of trees as 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 such subdivision; or, in the alternative, Owner may obtain such permits and
proceed with construction pursuant to such 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 sidewalk and tree planting has not been completed until the sidewalk is completed and trees
are planted as aforesaid. Further,if the sidewalk and tree planting is not completed as aforesaid for the
segment of the street abutting the house within twenty-four(24)months of the issuance of the permit
for that house, the permit shall be revoked, 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(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 day of , 2004.
i
OWN It.
A S LAND C Y,L.L.C.
By:
John . G le, Secretary
L°; 1
C F AMES IOWA
By: F
o.
Paul Wiegand, Director of OU
blic V�ork ,
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STATE OF IOWA
)ss:
COUNTY OF DALLAS , k
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On this 8}2 day of 2004,before me,the undersigned,a Notary Public in and
for the State of Iowa,personally appeared JOHN D.GAMBLE,to me personally known,who being by
me duly sworn did say that he is Secretary of the Iowa limited liability company executing the
foregoing instrument, that no seal has been procured by the limited liability company; that the
instrument was signed on behalf of the limited liability company by authority of its managers;and that
JOHN D. GAMBLE acknowledged the execution of the instrument to be the voluntary act and deed of
the limited liability company by it voluntarily executed.
OLIVIA SAVOLAINEN (�
CommisWw Number 727975 J
My CommWw E*m
APM 19,2W7 Printed Name: O/`v,,A S,4,-14,�✓en)
Notary Public in and for the State of Iowa
STATE OF IOWA )
)ss:
COUNTY OF STORY) nn
On this{/ day of ft u�' ,2004,before me,the undersigned,a Notary Public in and
for the State of Iowa,personally appeared PAUL WIEGAND,to me personally known,who being by
me duly sworn did say that he is the Director of Public Works of the City of Ames, Iowa;that the seal
affixed to the foregoing instrument is the corporate seal of the corporation; that the instrument was
signed and sealed on behalf of tie corporation by authority of its City Council by Resolution No.
Cq- �'►(� , passed on the y day of {N�.t, c.L 3f� , 2004, and that PAUL WIEGAND
acknowledged the execution of the instrument to 61 his voluntary act and deed and the voluntarily act
and deed of the corporation, by it voluntarily executed.
DIAME. R.VOSS
P`aL {MISSION# 134W9
MY COMMISSION C PIS
,0Wp Printed Name: c
Notary Public in and for the State of Iowa