HomeMy WebLinkAboutA007 - Agreement for Sidewalk and Street Trees dated May 25, 2012 I Instrument:2012- 00007999
M Date:Jul 1972012 12:40:36P
D Rec Fee: 10.00 E-Com Fee: 1.00
G Aud Fee: .00 Trans Tax: .00
R Rec Manaseaent Fee: 1.00
Non-Standard Pase Fee: .00
Filed for record in Story County► Iowa
Susan L. Vande Kamp► Counts Recorder
5 P A C E A B O V E R E S E R V E D F O R O F F I C I A L U S E
Return document to: David W Beosogi�1416 BuckeyeAve.Ste.200,Ames,IA50010
Documentprepaiedby. David WBenson,Abpnwat law,1416BuckeyeAve.Ste.200,Ames,IA50010-515-956-3900
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are LITHE 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 FIFTEENTH 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:
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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 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
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(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 bylaw.
Dated ( `�'— 2012.
UT� EVELOPMENT COMPANY,L.L.C.
By:
Charles Winkleblack,.Man ger
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By:
Dian E.Hunziker,Mkhager
STATE OF IOWA,STORY COUNTY,SS: f
This instrument was acknowledged before me on 1 1 I(� �J � , 2012, by Charles E.
Winkleblack and Dean E.Hunziker as Managers of Uthe Development Company,L.L.C.
DiANNE SUNTKEN
Cort„r*nion Number 747650
io
Notary Public in and for the State of Iowa ow
-CITY OF AMES,IOWA-
1�Ile/ C_
John Joiner,Diretor of Public Works
STATE OF IOWA,STORY COUNTY,SS:
This instrument was acknowledged before me on )N�i� %L' ,2012,by John Joiner as Director
of Public Works for the City of Ames,Iowa. J
EMILY A.BURTON
Commissicn Number 742780
•t My Co mission Expires
Rotary Public and for the State of Iowa 2—
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