HomeMy WebLinkAboutA006 - Agreement for Sidewalk and/or Bicycle Path, and Street Trees dated July 21, 2005 .Q
O O
U u0
� �q Jo � Inskruetent:2005- 00009E49
t1 Gate:Aug 1M005 11:46:34A
H o�' G Rec Fee: 10.00 E-Coss Fee: 1.00
N G Aud Fee: .00 Trans Tax: .00
E° o; Rec Hanagement Fee: 1.00
,d ilon-Standard Page Fee: .00
.U) Filed for record in Story County► Iowa
Susan L. Vande Kamp► County Recorder
ro
a9
.DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:John R.Klaus,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone:515-239-5146)
AGREEMENT FOR SIDEWAALK AND/OR
BICYCLE PATH, AND STREET TREES
The parties to this Agreement are Hickory Park, Inc. , 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 of the Municipal Code of Ames, Iowa, to be known as East Hickory Park Subdivision ;
Ames, Story County, Iowa; and
WHEREAS,the Owners are required to construct a sidewalk and/orbicycle path,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 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
this 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.of Ames,Iowa,before ariy 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.
C G.
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 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 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 Z� 'day of 20 0-s .
� f r asEc
OWNERS Hickory -Park, c. -CITY OF AMES, IOWA,&
( r a 1
= �r ' r
Jain C. Joi y?r q�a,; r� ,r- 4 •_d
Director of Public Works+l
By: PA
STATE OF IOWA,STORY COUNTY ss: STATE OF IOWA, STORY COUNTY ss:
This instrument was acknowled i bLef9re me this This instrument was acknowledged before me this
2 of ✓��! 200�,by l� day of r ,200�,by 0 7-
day h-n-_C._ Join e
to(C as Director of Pu lic Works for the City of Ames,
Iowa.
Notary Public in and for State of Iowa Notary Public in an for ate of Iowa
=pPiac s� DAVID W. BENSON
COMMISSION NO. 111230
' ` MY COMMISSION EXPIRES
rowa �_ =IYILLIPPERGERION#148549P81-Agrmt for Sidewalk mid or Bicycle Path,IOI801.wpd - ON EXPIRES-7
P�
e Z-