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HomeMy WebLinkAboutA010 - Agreement for Street Trees dated October 26, 2010 '., RETURN TO: LARRY. R CURTIS PASLEY & SINGER LLP Instrument:2010- 00010705 BOX 664 Date:Oct 2BY2010 03:37:23F AMS IA 50010-0664 D Rey_ Fee: 10.00 E-Com Fee: 3.►7 1) c, Aud Fee: .00 Trans Tax: Rey_ Ctanasement Fee: 1.00't1t) Hon-Standard Page Fee: Filed for ref_ord in Story Countyr Iowa Susan L. Vande Kama+ County Recorder DO NOT,wRITE IN TIIE,SPACE A13OV1•:TlI1S LINE. RESERVED FOR RECORUICIt Prrn:+rc l iit:.lu f K.Park,.C'it of:\mes Lc al l)e1?arunent,>1 5 Clurk•Amcs.log a 50010(Phni;r: AGREEMENT FOR STREET TREES 'I-Ile partles to this A—reclllent are Scott E. Randall,c/o Randall Corporatloll,tlleir successors and assi'`ns, hereinafter referred to as '`Owner", and tl>e CITY OF A1,14ES, 10%,VA, hereinafter I-cfcri-ed to as "City' NN"H EI2EIAS, the 04VIleI-is in the process of platting a subdivision of real estate per Chapter 2, of-the tilullicipal Code of Ames, lowa, to be known as Grand Aspen Subdivision, 4th Addition, Ames. Story County, Lowa; and WHEREAS, the Owner is required to plant trees in the r12Ilt-ol-way ol-SoLith l6th Street as part of-thc platting procedure of the City. NO«V,TI1EREF'ORE, In conslderatlOn or tile pi-ellllses, If Is hereby understood and aurced that: 1. [he Owner shall cause the plantin�� of trees as required by Section _'3.40? of the IMI-1111C1paI Code Of the Clty of,Imes, Iowa, and In accordance with the plalltln` plan (Is sho\\'Il oil the approved PI—lImillary Plat for Grand Aspen Subdivision,31-d Addition,before any C Ity biuldln�� or z.onin,� permit will be issuCd Na ith respect to said subdivision; or. in thc-alternative, o��IM nlav obtain said per1111tS and proceed with conStrt1C11011 plll'Slrant to Sal I pl.'1'n111S, With the unctcrstllildlll'r that an °'Occupancy pernlit" under City ordinances shall be withheld \with respect to any bLnldtn�,(s) that abuts on a segment of a street for which the Said tree planting, has not been Cornl)IC[Cd Until tile. her, ll the ti-ce planting IS not Completed as aloresald for the 'ties are planted AS a101'CSald. E"Ell"t se'!Illent OI the Street abtlltlrl�,the blllldinU(S) \Vlthill 24 months of the issL1a ace Of the pCI-Illlt 101-the burlding(s), the said permit shall be revoked., null and void with reSpeet to Salld blllldlllg(s). ?. This Agreement shall be tiled for record in the office of the StOr-' COLlnty Recorder and all covenants, agreements, promises, and representations herein stated shall be deemed to be Covenants ruililim, with the land and Shall elldUre and be binding oil the parties hereto, tllcll" Successors and assigns, fora period of twenty-one years from the date of the recordin- of these covenants, unless Claims to continue ariv interest in the covenants are tiled as pro\lded by law; DATED this day of ��� �� ?010. CITY 017 Al :�1ES; 10NV 0WNER r Scott E. Randall c/o Randall Corporation 9 /fohn Joiner Director of PLlbllc. Works STAT OF 10\VA, S'I'OIl C'OCJ\TY ss: STATE OF IOWA, SI'ORY COUNTY ss: This instrull ��as lc�no��led`ed before nlc Ill's 1I11S il1S111I111CIlt WaS ackno\�lcd�scd before nx this day ol" 2010, by Scott F. day 0f (�L-�} !+2010. b} ]alai .luincr as Randall. au Ran(all Corporation. !Director of Public \\-orks lilt the Cit} of'A Iowa. \utar� 'ublir in tul lin State of (o�.a Notary Public in 'd lin State OClu��a EW LARRY R. CURT➢S Commission Number 11140 kfy Commission Expires CINIDY L.➢-IOLLAR February I S- 2011 op COMMISSION NO. 139989 " ' MY COMMISSION EXPIRES Iowa 0 Ll! 1 �J '