HomeMy WebLinkAboutA005 - Agreement for Sidewalk and Street Trees dated January 6, 2005 jls)- Instrument: 200500001534
Date: 02-16-2005 Time: 11:42:41 an.
M Rec Fee: 11.00 E-Cos Fee: 1.00
Aud Fee: .00 Trans Tax: .00
Filed for Record in STORY COUNTY IOWA
SUSAN L. VANDE KAMP,COUNTY RECORDER
RMRtj To ,-
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
PREPARED BY JON H.CHESI'ER,54643 282" STREET,AMES,IowA 50010[PHONE: 515.597.38101
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are Sunset Beach, L.C., their successors and assigns,
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 per
Chapter 23 ofthe Municipal Code ofAmes,Iowa,to be known as College Heights Fourth Addition,
Ames, Story County, Iowa; and
WHEREAS,the Owners are 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 ofthe premises, it is hereby understood and agreed
that:
l. The Owners shall construct a sidewalk and path 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 Owners shall cause the planting of trees as required by
Section 23.402 ofthe 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, 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 building or 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 trees are planted as aforesaid. Further,ifthe sidewalk
and the tree planting is not completed as aforesaid for the segment ofthe street abutting the building
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or house within 24 months of the issuance of the permit for that building or house, the said permit
shall be revoked, null and void with respect to that building or 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 day of / , 2005.
OWNERS CITY OF AMES,IOWA
By: By.
aret J. Armstrong Paul Wiegand <
Director of Public Works
STATE OF IOWA, STORY COUNTY ss:
This instrument was knowledged before me this b ' day of January, 2005, by Margaret J.
g-
�JON H.CHESTER y
No ry blic in and for State of Iowa Iowa Notarial Seal
to Public in and for said County and Stake Commission number 701387 _
Commission Expires pyres JANUARY 26,2006
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STATE OF IOWA, STORY COUNTY ss:
This instrument was acknowledged before me this.p; A day of January, 2005, by Paul Wiegand
as Director of Public Works for the City of Ames, Iowa
Notary Public in and for St of Iowa
MANE WILHB.M,IOHNSON
Z COMMISSION#147508
MY COMMISSION EXPIRES
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