HomeMy WebLinkAboutA008 - Agreement for Sidewalk and Street Trees Da-pid W. Benson
j4y,emaster Law Firm PC
141L6 Buckeye Ave, Ste. 200
ALB S IA 50010-8070
Instrurent:2011- 00007222
M Date:Aus OIY2011 01:34:38P
D Rec Fee: 15.00 E-Cor Fee: 1.00
G Aud Fee: .00 Trans Tax: .00
Rec Management Fee: 1.00
Non-Standard Page Fee: •04
Filed for record in Story Country Iowa
Susan L. Vande Komi County Recorder
S P A C E A`.8 0 'V E R E S>s E R Vr E D F O R O<F F I C U AIL U S E
Return document to: David W.Benson,1416 Buckeye Avenue Ste.200,Ames lA 50010
Document prepared by: David W.Benson Attomey at law,1416 Buckeye Ave.Ste.200,Ames,IA 50010—515-956-3915
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 FOURTEENTH ADDITION, AMES,
STORY COUNTY,IOWA(the"Subdivision"); and
WHEREAS, the Owner is required to construct sidewalks and a shared use path 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. Construction of sidewalks and shared use paths and installation of street
trees shall be in accordance with the following:
(a) The Owner shall construct sidewalks and a shared use path as required by the
i City for said Subdivision,.in accordance with plans and specifications on file with the
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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.
(b) The Owner shall construct all of the sidewalks along the west boundary of Lot
1 (along Farnham Drive) and on the south boundary of Lot 1 (along Bloomington Road)
before any building or zoning permit will be issued by the City with respect to the
Subdivision or, in the alternative, the Owner may obtain said permits and proceed with
construction pursuant to said permits with the understanding that any and all occupancy
permits within the Subdivision under City ordinances shall be withheld until the
sidewalks are completed.
(c) The Owner shall construct the shared use path located along the northwesterly
boundary of Lot 1 and any other sidewalk (other than a sidewalk required by paragraph
1(a) hereof) and install street trees before any building or zoning permit will be issued by
the City with respect to the Subdivision or, in the alternative, the Owner may obtain said
permits and proceed with construction pursuant to said permits with the understanding
that all occupancy permits for the final building constructed in accordance with the
approved master plan for the Subdivision under City ordinances shall be withheld until
the shared use path or other sidewalk(other than a sidewalk required by paragraph 1(a)
hereo,g are completed and street trees planted.
(d) If the sidewalks are not completed or trees are not planted as aforesaid within
twenty-four (24) months of the issuance of the building or zoning 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
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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 (2 1)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.
r�
Dated i, 2 ,2011.
UTHE EVELOPMENT COWANY,L.L.C.
By: ujwE
Charle .Winkleblack,Manager
By:
can E.Hunziker,M ager
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on 22'- , 2011, by
Charles E. Winkleblack and Dean E. Hunziker as Managers of Ut e Development Company,
L.L.C.
DAWIE
Notary Public in and for the State of Iowa
-CITY OF AMES,IOWA-
By:
John Joiner
Director of Public Works
STATE OF IOWA, STORY COUNTY, SS:
This instrument was acknowledged before me on Jul, z7 , 2011, by
John Joiner as Director of Public Works for the City of Ames,Iow
Notary Public in and for State of Iowa
LL L.RIPPERGER