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HomeMy WebLinkAboutA010 - Easements �e /,P\Instrument:2010- 00002701 .t . M Date•Avr 01,2010 ]3.15.29P Rec Fee: 10.00 E-Con Fee: 3.00 6 Aud Fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Storm Counter Iowa Susan L. Vande Kamvr Counts Recorder INSTRUMENT PREPARED BY: Brian D.Torresi, 1416 Buckeye Ave.,Ste.200,Ames,IA 50010 515 956-3900 RETURN To: Brian D.Torres, 1416 Buckeye Ave.,Ste.200,Ames,IA 50010 515 956-3900 AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement are HUNZIKER, CHRISTY, SHIRK BUILDERS, INC. (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 SOMERSET SUBDIVISION TWENTY-FOURTH 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 lb 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 ad. day of f6t Uctu , 2010. -OWNER- 6RUN TORRESI HUNZIKE CHRISTY, SHIRK �No.742380 BUILDERS INC. �SS�N EXPIRES low, d/d�// By: Robert W. Shirk, Treasurer STATE OF IOWA, STORY COUNTY, ss: This instrument was acknowledged before me on this d-L day of February,2010,by Robert W. Shirk, as the Treasurer of Hunziker, Christy, Shirk Builders, Inc. Notary Public in and for the State o owa -CITY OF AMES,IOWA- By: - John Joiner Director of Public Works 2