HomeMy WebLinkAboutA019 - Agreement for Sidewalk and Street Trees o
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Instrument:2413- 00008326
J �M Date:Jul 1212013 43:34:25F
c D Rec Fee: 14.44 E-Com Fee: 1.444
H it G Aud Fee: •44 Trans Tax:
Rec Management Fee: 1.44
o x Non-Standard Pose Fee: •44
W Filed for record in Story County, Iona
N w Susan L. Vande Y,amP, County Recorder
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Space above for recording data
By&Return To: Craig R. Hastings,Affy at Law, 409 Duff,Ames, IA 50010(515)232-2501
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are PINNACLE PROPERTIES AMES, L.L.C., its
successors and assigns, hereinafter referred to as "Owners", and the CITY OF
AMES, IOWA, hereinafter referred to as "City".
WHEREAS, the Owners are in the process of platting a subdivision of real estate
per Chapter 23 of the Municipal Code of Ames, Iowa, to be known as South Fork
Subdivision, Fourth Addition, Ames, Story County, Iowa; and
WHEREAS, the Owners are required to construct a sidewalk and plant trees in
the right-of-way of all streets in the subdivision 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, that the
Owners shall cause the planting of trees as required by Section 23.402 of the
Municipal Code of the City of Ames, Iowa, before any City building or zoning
` permit will be issued with respect to said subdivision; or, in the alternative,
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 with respect to any house that abuts on a segment
of a street for which the said sidewalk, has not been completed until the sidewalk
is completed as aforesaid. Further, if the sidewalk and street trees is not
completed as aforesaid for the segment of the street abutting the house within 24
months of the issuance of the permit for that house, the said permit shall be
revoked, null and void with respect to that house.
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 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.
Pinnacle Properties mes, L.L.C't
By
Keith Arneson, Manager
STATE OF IOWA, COUNTY OF STORY)
This instrument was acknowledged before me on , 2013 by
KEITH ARNESON as MANAGER of PINNACLE PROPER IES S, C..
k 2o,AlAcs Craig R. Hastings
u * * Commission Number p Notary Public in and r saidState and Co my
/00, June 26!2016 Expires
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My
CITY.OF AMES IOWA
. Director of Public Works
STATE OF IOWA, STORY COUNTY ss:
This instrument was acknowledged before me this 4 day of f,(ft, , 2013, by
i6� oc, ; as Director of Public VVork6 for the City of Ames,
Iowa.
N
Emily A. Burton ary Public in nd for said State and County
Commission Number 742780
My mission