HomeMy WebLinkAboutA004 - Agreement for Sidewalk and Street Trees dated September 24, 2004 tnstrunent: 800400014139
Date: 10-18-2004 Time: 11:59:54 am.
Rec Fee: 18.00 E—Com Fee: 1.00
Aud Fee: .00 Trans Tax: .00
Filed for Record in STORY COUNTY IOWA
n F SUSAN L. VANDE KAW,COUNTY RECORDER
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Instrument Prepared By:
Deborah S. Krauth, 1416 Buckeye, Ste. 200, Ames,IA 50010; 515-232-3921
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are UTHE DEVELOPMENT COMPANY, L.L.C.,
hereinafter referred to as "Owners" and the CITY OF AMES, IOWA, hereinafter referred to as
"City".
WHEREAS,the Owners are in the process of platting a subdivision of real estate pursuant to
Chapter 23 of the Municipal Code of Ames, Iowa, to be known as NORTHRIDGE HEIGHTS
SUBDIVISION EIGHTH ADDITION,AMES, STORY COUNTY,IOWA; and
WHEREAS,the Owners are required to construct a sidewalk and plant street 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 Owners 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 plant the 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
affected lots; 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 until the sidewalks are completed and street trees planted as aforesaid.
If the sidewalks are not completed or trees are not planted as aforesaid within 24 months of the
issuance of the permits, the said permits shall be revoked,null and void.
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 1�4 day of , 2004.
OWNERS
UTHE DEVELOPMENT COMPANY,L.L.C.
By: E
Z;4
ert K. Friedrich, 44 Manager
By:
Charles E. Winkleblack, Manager
STATE OF IOWA, STORY COUNTY, ss:
On this�day of ,2004,before me,Notary Public in and for the
State of Iowa, personally appe d Robert K. Friedrich, Jr. and Charles E. Winkleblack, to me
personally known, who being by me duly sworn did say that these persons are Managers of said
limited liability company and that said instrument was signed on behalf of the said limited liability
company by authority of its managers and the said Robert K. Friedrich, Jr. and Charles E.
Winkleblack acknowledged the execution of said instrument to be the voluntary act and deed of said
limited liability company by it voluntarily executed.
�pSIAL e� DEBORAH S. KRAUTH Public in and for the State of Iowa
z COMMISSION NO. 129704
MY COMMIS ION EXPIRES
OWA
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CITY Ok ',WS,IOWA
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JJ ".
Paul Wiegand
.Bisector`off Pfi c Works
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