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HomeMy WebLinkAboutA007 - Agreement for Sidewalk and Street Trees J Instrurent:2012- 00014220 M Date:Nov 280012 01:13:19P D Re,_ Fee: 10.00 E-Cor Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 Rey= Management Fee: 1.00 Non-Standard Page Fee: .00 Filed for record in Storg Countyr Iowa Susan L. Vande Karat County Recorder INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ste. 101,Ames,IA 50010 515 288-2500 RETURN To: Brian D.Torresi,2605 Northridge Pkwy.,Ste. 101,Ames,IA 50010 AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement are Pyle Land L.L.C.and Family Realty L.L.C.(the"Owners")and the City of Ames, Iowa(the WHEREAS, the Owners are 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 DEERY SUBDIVISION, AMES, STORY COUNTY,IOWA(the"Subdivision"); and WHEREAS,the Owners are 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: 1. The Owners 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 Owners 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 _ tr. 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 covenants are filed as provided by law. Dated this 6� day of October, 2012. PYLE LAND LjI,C. By: Dennis D. Pyle;' anager STATE OF IOWA, STORY COUNTY, SS: This instrument was acknowledged before me on this day of October, 2012,by Dennis D. Pyle, as the Manager of Pyle Land L.L.C. Notary Public in and for the State of Iowa FAMILY REALT L.L.C. j BRIA �L COMMISSION NO.O.7423RRESfq 0 By: MyCOMaI�,S,S/pN EXP/RES� Dennis D. Pyle anager 1f d� STATE OF IOWA, STORY COUNTY, SS: This instrument was acknowledged before me on thig,n'Llday of October, 2012,by Dennis D. Pyle, as the Manager of Family Realty L.L.C. Notary Public in and for the State of Iowa -CITY OF AMES,IOWA- BRIAN TORRESI COMMISSION NO.742380 # ' ' MY COM SI !U EXRIRES By: r----- low#, /lao/ s- John Joiner Di666r:of Puo'1pks {' 2