HomeMy WebLinkAboutA006 - Agreement for sidewalk and street trees dated April 7, 2008 a '
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Instrument:2008- 00004356
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: e:Apr 25t2008 12:08:03P
0 R •. Fee: 15.00 E-Com Fee: 1.00
® G Aud Fee: .00 Trans Tax: .00
Rec Manasement Fee: 1.00
Hon-Standard Pase Fee: .00
Filed for record in Stors Count9t Iowa
r Susan L. Vande Kamp Counts Recorder
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Instrument Prepared By and Returned To! Brian D.Torresi,1416 Buckeye,Ste.200,Ames,IA 50010;515-956-3914
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are HUNZIKER LAND DEVELOPMENT CO., 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 ESTATES WEST
SUBDIVISION,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 sliall 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
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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 day of April, 2008.
(SIGNATURE PAGE FOLLOWS)
P0,
OWNERS
HUNZIKER LAND DEVELOPMENT COMPANY, L.L.C.
By
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Dea . Hunziker, ManageO
By_
CllV/��
Charles E. Winkleblack, Manager
STATE OF IOWA, STORY COUNTY, ss:
On this day of April,2008,before me,the undersigned,a Notary Public in and for the
State of Iowa,personally appeared Dean E.Hunziker and Charles E.Winkleblack,to me personally
known,who being by me duly sworn did say that they are 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 of said limited
liability company by it voluntarily executed.
DIANNE SUNTKEN
oommbskm Number 747650 Notary Public in and for the State of Iowa
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, GI'TY OF DAMES,IOWA
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