HomeMy WebLinkAboutA001 - Agreement for Sidewalk and Street Trees t '
vo -",,�Instrument:21314- 00009965
N Date:Nov A3?2014 134:14:34F
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Filed for record in Store County? Iowa.
t° Susan L. Vande Kama? County Recorder
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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 for Sidewalk and Street Trees (this "Agreement") are Uthe
Development Company, L.L.C. (the"Owner") and the City of Ames, Iowa(the"CLA ').
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 SEVENTEENTH 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:
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
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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 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 by law.
Dated thisv15 day of September, 2014.
UTHE DEVELOPMENT COMPANY,L.L.C.
By:
Deah E. Hunziker, Manager
By ,"'�c 6
Charles E. Winkleblack, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this 1L�9day of September, 2014,by Dean E.
Hunziker and Charles E. Winkleblack, as the Managers of Uthe Developme t Company, L.L.C.
j+ JENNIFER KAPAUN F �—
Commission Number 783061 Nota ubl' and r the S ate o Iowa
My Commiss' n Ex ires My commission expires
a r,
-CITY OF AMES, IOWA-
By:
John Joiner
Director of Public Works
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