HomeMy WebLinkAboutA011 - Agreement for Sidewalk and Street Trees dated August 23, 2010 i v y
Instrument:2010- 00009000
M Date-Sea 20r2010 12:47:51P
D . Sec Fee: 15.00 E-Com Fee: 3.00
rA G Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
016 Mon-Standard Page Fee: .00
Filed for record in Story Counts, Iowa
Susan L. Vande Kaman Counts Recorder
INSTRUMENT PREPARED BY: David W.Benson, 1416 Buckeye Ave.,Ste.200,Ames, IA 50010(515)956-3900
RETURN To: David W.Benson, 1416 Buckeye Ave.,Ste.200,Ames, IA 50010
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are UTHE DEVELOPMENT COMPANY, L.L.C. (the
"Owner") and the CITY OF AMES,IOWA(the
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 NORTHRIDGE
HEIGHTS SUBDIVISION TENTH ADDITION, AMES, STORY COUNTY, IOWA (the
"Subdivision"); and
WHEREAS,the Owner is required to construct sidewalks 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:
I. 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 25 Kd�day of August, 2010.
UTHE EVELOPMENT COMPANY,L.L.C.
By:
harles Winkleb ack, Manager
By:
Dein E. Hunziker, Manager
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on thig_day of August,2010,by Charles E.
Winkleblack and Dean E. Hunziker as Managers of Uthe Development Company, L.L.C.
DWNNE SUNTKEN
conwoh n Nurrdr 747650
Myoo .j.!g foe)Ea iw Notary Public in and for the State of Iowa
"
-CITY OF AMES,I6OWAvy-
, .i
John Joiner ;:
! a 7 r?t
Director of Public Works ' '� �� f�
s 'x c'S
of vri .
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on this day of% ,)2010, by John
Joiner as Director of Public Works for the City of Ames, Iowa,
Notary Public in and for the State of Iowa
A P1AL 4111 DIANE R.VOSS
COMMISSION#134019
* I0 MY COMMIS8 fRES
,oWA —�� o�
3