HomeMy WebLinkAboutA005 - Agreement for Sidewalk and Street Trees dated August 8, 2005 J-e Instruoent:2005- 00010922
H Date:Sea 01r2005 04:07:28P
D Rec Fee: 15.00 E-Con Fee: 1.00
G Aud Fee: .00 Trans Tax: .00
Rec Hanasenent Fee: 1.00
Nan-Standard Pase Fee: .00
Filed for record in Store Countsr Iowa
Susan L. Vande Kaan► Counts Recorder
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C� Instrument prepared by and return to: Deborah S.Krauth, 1416 Buckeye,Ste.200,Ames,IA 50010;515-232-3921
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\ AGREEMENT FOR SIDEWALK AND STREET TREES
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The parties to this Agreement are HUNZIKER LAND DEVELOPMENT COMPANY,
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L.L.C., hereinafter referred to as "Developers" and the CITY OF AMES, IOWA, hereinafter
referred to as "City".
WHEREAS, the Developers 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 Taylor Glenn Subdivision Second
Addition, Ames, Story County, Iowa; and
WHEREAS,the Developers 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 Developers 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,Developers 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 sidewalk is completed and trees planted as aforesaid;and,
further,that if the sidewalk is 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—qqlip day of A , 2005.
DEVELOPERS
HUNZIKER LAND DEVELOPMENT
COMPANY, L.L.C.
By: Qm_
an E. Hunzi ,Manager
By:
Charles E. Winkleblack, Manager
STATE OF IOWA, STORY COUNTY, ss:
On this_911— day ofkewa4— ,2005,before me,Notary Public in and for the
State of Iowa,personally appeared D E.Hunziker 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 Dean E.Hunziker and Charles E.Winkleblack acknowledged
the execution of said instrument to be the voluntary act and deed f said limited liability company by
it voluntarily executed. ji&�
AMYANDERSON Notary Publi in and for the State of Iowa
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x . Commission Number 731273
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CITY OF AMES,IOWA
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By: L�z
John Joiner
Director of Public Works
X\Tnnsition Mwwker E tities\H=ziker Land_Developmenf Company_LLC\Taylor Glenn_Subdivision_Second_Additm\-AgroSide%m&doc
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