HomeMy WebLinkAboutA005 - Agreement for Street Trees dated July 7, 2009 1 '
RETURN TO:
LARRY R. CURTIS
BOX 664 Instrunent:2009- 00008770
AMES IA 50010-0664 N Date:Jul 16r2009 08:54:51A
D Rec Fee: 10.00 E-Con Fee: 3.00
Aud Fee:. .00 Trans Tax: .00
Rec Nanasenent Fee: 1.00
Non-Standard Page Fee: .00
Filed for record in Store Count9t Iowa
Susan L. Vande Kanat County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by:Douglas R.Marek,City of Ames Legal Department,515 Clark,Ames,Iowa 50010(Phone:515-239-5146)
AGREEMENT FOR STREET T E
The parties to this Agreement are , 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 Grand Aspen Subdivision, Third
Addition, Ames, Story County, Iowa; and
WHEREAS,the Owners are required to 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 cause the planting of 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 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
Street Tree Agreement 06-30-09.rtf 1
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which the said tree planting, has not been completed until the trees are planted as aforesaid. Further,
if the tree planting is not completed as aforesaid for the segment of the street abutting the residential
structure within 24 months of the issuance of the permit for that residential structure,the said permit
shall be revoked, null and void with respect to that residential structure.
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 , 20 01-.
OWNERS CITY OF AMES,IOWA ;r.<
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By. By.
'hva Director of Public Works
By:
J..r H
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STATE OF IOWA, STORY COUNTY ss: STATE OF IOWA, STORY COUNTY ss:
This instrument w s ackowledged before me This instrument was acknowledged before me
this day of ,2009,by this 1 5 day of J 4-,k!I j 2009,by 44ifl--'1 Rc;,ty
and ay of 1)Rr�— love-�Jeifrer as erector of Public Vorks for the City of �}
Ames,Io) . C
v MCAgtl
Notary Public in and for State of Iowa _Notary Public in and for State of Iowa
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�pp1AL , CI DY L: HOLLAR
z° COMMISSION NO. 139989
LARRY R.CUFMS MY COMMISSION EXPIRES
g Commission Number 11140 ,own '_7 U CU 16
My Commission Expires
• +oWP February 18, 2011
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