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Home My WebLink AboutA008 - Agreement for Installation of Street Trees and Deferment of Sidewalk Installation with Thomas I. Aubry and Carla R. Aubry for 1519 Top-O-Hollow Road and 1525 Top-O-Hollow Road V Instrurent:2014- 00002533 t1 Date:ADr 10,2014 12:12:37P D Rec FPP: 15.00 E-Coa Fee: 1.00 G Aud Fee: .00 Trans Tax: .00 RP- management Fee: 1.00 Mon-Standard Page Fee: .00 Filed for record in Story County, Iowa Susan L. Vande Y,amor County Recorder DO NOT WRITE.IN THE SPACE ABOVE,THIS LINE.RESERVED FOR RECORDER Prepared by: Jessica D.Spoden,City of Ames legal Department,515 Clark Avc.,Armes,IA 50010;515-239-5146 -Retumt-%( City Clerk,Ames City I fall.515 Clark Avc.,P.O.Box 811,Ames,IA 50010 -'Mrn kNVS+,rQS' r ar�n- .10-t tQ.,.0 - Z�rw -Sots o AGREEMENT FOR INSTALLATION OF STREET TREES AND DEFERMENT OF SIDEWALK INSTALLATION WITH THOMAS I. AUBRV AND CARLA R. AUBRV FOR 1519 TOP-O-HOLLOW ROAD AND 1525 TOP-O-HOLLOW ROAD The parties to this Agreement are Thomas I. Aubry and Carla R. Aubry its successors and assigns (hereinafter referred to as "Owner") and the City of Ames, Iowa (hereinafter referred to as"City"). WHEREAS, the Owner plans to subdivide the property located northwest of Hoover Avenue and along the north side of Top O Hollow Road, to be known as Aubry Subdivision, which includes addresses 1519 Top-O-Hollow Road and 1525 Top-O-Hollow Road, Ames, Story County, Iowa; and WHEREAS, the proposed subdivision will include the division of approximately 2.2 acres of land abutting the north side of Top-O-Hollow Road for the purpose of creating two (2) residential lots. INSTALLATION OF STREET TREES WHEREAS, the planting of trees is one of the public infrastructure improvements required to approve the subdivision; therefore the Owner is required to plant trees in the right-of-way of all streets in the subdivision as part of the platting procedure of the City. r �4 y r WHEREAS, the Owner shall cause the planting of trees in the right-of-way ofTop-O-Hollow Road as required by Section 23.402 of the Municipal Code of the City of Ames, Iowa. NOW, THEREFORE, in consideration of the premises, it is hereby understood and agreed that: I. The Owner shall cause the planting of trees in the right-of-way of all streets in the subdivision before any City zoning/building 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 on 1525 Top-0-Hollow Road that abuts that segment of street for which said tree planting has not been completed until the trees are planted as aforesaid. 2. If the tree planting is not completed as aforesaid for the segment of the street abutting the house within twenty-four (24) months of the issuance of the permit for that house, then said permit shall be revoked,null and void with respect to that house. SIDEWALK DEFERRAL WHEREAS, the installation of public sidewalk is one of the public infrastructure improvements required to approve the subdivision, however it is agreed that the sidewalk along the north side ofTop-O-Hollow Road shall be constructed as requested at a later date;and WHEREAS, the installation of public sidewalk along the north side of Top-0-Hollow Road is premature as there is no connection to existing sidewalk abutting the subject lots. NOW, THEREFORE, in consideration of the premises, it is hereby understood and agreed that: I. The approved subdivision calls for construction of public sidewalk along the north side ofTop O Hollow Road,which is the Owner's responsibility. P�eZ 2. In lieu of construction of the sidewalk, Owner agrees to pay$2001.00 to the City to be held in escrow by the City for future construction of a sidewalk. Deferment of construction is appropriate as installation is premature and is authorized by ordinance upon execution of this agreement, as there is no connection to existing public sidewalk abutting the subject lots. 4. 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 ,� day of I '�% 2014. OWNERS CITY OF AMES, IOWA - �- f 13,, Thomas(I. Aubry Ann H. Campbell, Mayor By & Carla R. Aubry Diane R. Voss, City Clerk STATE;OF I WA,COUNT )F STV) Y,ss: On this day of �{t1i bz; 1,2014,before me,a Notary Public in and for the State of Iowa, personally appeared Ann 11. STATE OF IOWA,COUNT OF STORY,ss: C ampbcll and Diane R.Voss,to me personally known and who,by me 3is instrumrn�, was acknowlcdgLd before me on duly swom, did say that they arc the Mayor and City Clerk, h rt'r2'r ,A 9 2014, by Thomas 1. Aubry and Carla R. respectively, of the City of Amcs, Iowa; that the seal affixed to the Aubry,owners dAubry Subdivision. foregoing instrument is the corporate send of the corporation;and that the insuument was signed and sealed on behalf of the corporation,by A— for of its CityCouncil,as coma ncd in RcsoI lion 1 t i Note in adoptcdyby the City Council cut the day of a'(•tr ,201•d, Janice Bryant and that Ann 11. Cauupbcll and Diane it. Voss acknowledged the * * Commission Number 196731 cxcct on of the instrument to be their voluntary act and deed and the My Commtsston Expiresvo nu t and do do, r uan.by it voluntarily executed June 1.2016 unary Public 1 an t to Stale o log t Eil A. uon 4 I.L Commission NurBbert742780 * * My Commission Explres /crtt,