HomeMy WebLinkAboutA009 - Agreement for Sidewalk and Street Trees dated August 6, 2009 40/ Instrument:2009- 00010709
M Date:Aus 20r2009 12:05:38P
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Filed for record in Story-County► Iowa
Susan L. Vande Yamvy County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER 7�
Prepared by: Sandi Risdal,Executive Director,401 Clark Ave.,Suite 100,Ames,IA 50010(Phone:515 -232-8815)
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are Habitat for Humanity of Central Iowa, 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 Acts Subdivision, Ames, Story
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County, Iowa; and
WHEREAS, the Owners are required to construct a sidewalk 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 as required by the City for said Subdivision,
along the south line of said Subdivision only in accordance with plans and specifications on file with
the City's engineers and by this reference made a part of this agreement; .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 which the said sidewalk-has not-been-completed-until the sidewalk----
is completed as aforesaid. Further, if the sidewalk 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
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permit shall be revoked, null and void with respect to that house. In lieu of planting street trees as
required by Section 23.402 of the Municipal Code of the City of Ames, Iowa, the owner shall, to the
greatest extent practicable preserve and maintain the existing trees along the south and east perimeter
of the subdivision. In the event said trees are removed at any time for any reason, the City may
require the owner to plant trees in accordance with said Section 23.402.
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 V day of S ,202ML
OWNERS CITY OF ANIES,IO A
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By: BY• r'r .
•-r� �, �> : ter t �'
Sue Crull,Vice President D' ector of Public
Habitat for Humanity of Central Iowa
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STATE OF IOWA, STORY COUNTY ss: STATE OF IOWA, STORY COUNTY
This instrument w s acknowledged before me This instrument was acknowledged before me
this day of ,o�GD�i', by this l i day of .,,3.J, by
and A AY t!�A _J,,k,�,,.,eras Director of Pubh Works for the City of
Ames,Iowa.
Notary Public in and for State of Iowa Notary Public in and for State of Iowa
F81-A jo si�w� aorsic.cf-pNg�ssE-VANS o�Pauu CI L. HOLLAR
x � Commission Number 182996 COMMISSION NO. 139989
My Commission Expires * * MY COMMISSION EXPIRES
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