HomeMy WebLinkAboutA011 - Agreement for Sidewalk and Street Trees dated March 5, 2009 Instrument:2009- 00003347
11 6ateMar 3172009 03:14:1EF
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D Rec Fee: 10.0o E-Com Fee: i,000
Aud Fee: .00 Trans Tax:
Rec Manasement Fee: 1.00
Hon-Standard Fase Fee: .00
o C� Filed for record in Story County► Iowa
Susan L. Vande Yuma► County Recorder
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b INSTRUMENT PREPARED BY: Brian D.Torresi, 1416 Buckeye Ave., Ste.200,Ames,IA 50010(Tel: 956-3900)
RETURN To: Brian D.Torresi, 1416 Buckeye Ave., Ste.200,Ames,IA 50010(Tel: 956-3900)
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are C&B LINCOLN WAY,L.L.C. (hereinafter referred to
as the"Owner") and the CITY OF AMES,IOWA (hereinafter referred to as the "City").
WHEREAS,the Owner is in the process of platting a subdivision of real estate pursuant to
Chapter 23 of the Municipal Code of the City of Ames, Iowa,to be known as WALNUT RIDGE
SUBDIVISION SECOND ADDITION,AMES,STORY COUNTY,IOWA(the"Subdivision");
and
WHEREAS,the Owner is 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 Owner 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 building or zoning permit will be issued by the City with respect
to affected lots; or, in the alternative, the Owner 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 twenty-four (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(21)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 March, 2009.
-OWNER-
C &B LINCOLN WAY, L.L.C.
By: aU � AwLAL, By: ze
Charles E. Winkleblack, Member William K. Fedeler, Member
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on this day of March,2009,by Charles E.
Winkleblack and William K. Fedeler as the Members of C &B Lincoln Way, L.L.C.
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3RIAM TORRESI
MMISSION NO.742380 Not Pub is in and for the State of Iowa
CQMFJCplRES
-CITY OF AMES,IOWA-
By: C
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