HomeMy WebLinkAboutA010 - Agreement for Sidewalk and Street Trees dated February 27, 2015 r �
In erumenti?205- 00003233
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F Filed for record in Story Countyr Iowa
x Stacie L. Nerridse► 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
z AGREEMENT FOR SIDEWALK AND STREET TREES
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ti The parties to this Agreement for Sidewalk and Street Trees (this "Agreement") are E.A.
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A Hunziker Development,L.L.C.("Hunziker")and D&R Furman,L.L.C.("Furman")(Hunziker and
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y Furman are hereinafter collectively referred to as the "Owners") and the City of Ames, Iowa (the
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r N WHEREAS,the Owners are in the process of platting a subdivision of real estate pursuant to
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Chapter 23 of the Municipal Code of the City of Ames, Iowa, to be known as WESTAR
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SUBDIVISION,AMES, STORY COUNTY,IOWA (the"Subdivision"); and
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WHEREAS,the Owners are required to construct sidewalks and plant street trees as part of
the platting procedure of the City;
H NOW, THEREFORE, in consideration of the premises, it is hereby understood and agreed
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that:
.. 1. The Owners shall construct a sidewalk as required by the City for said Subdivision,in
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accordance with plans and specifications on file with the City's engineers and by this reference made
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a part of this Agreement,and plant the trees as required by Section 23.402 of the Municipal Code of
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c8 the City of Ames,Iowa,before any building or zoning permit will be issued by the City with respect
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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 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 this day of , 2015.
CITY OF AMES,IOWA
By:
John Joiner
Director of Public Works
(SIGNATURE PAGES FOLLOW)
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SIGNATURE PAGE OF AGREEMENT FOR SIDEWALK AND STREET TREES
WESTAR SUBDIVISION, AMES, STORY COUNTY,IOWA
E.A. HUNZIKER DEVELOPMENT,L.L.C.
By. e
D n E. Hunziker, Mana er
By:
Gary J. r,Ma ager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on thisZ7day of ,2015,by Dean E.
Hunziker and Gary J. Hunziker, as the Managers of E.A. Hunziker Develo ent, L.L.C.
Not b ' a96for the State of Iowa
My com Sion expires-
JENNIFER KAPAUN
�;Commission Number 783061
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M M09on Expires
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SIGNATURE PAGE OF AGREEMENT FOR SIDEWALK AND STREET TREES
WESTAR SUBDIVISION, AMES, STORY COUNTY, IOWA
D & R FURMAN, L.L.C.
By: --7R, Fu t-c h
Mary R. tch, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on thi�day of�— ,2015,by Mary R.
Fitch, as the Manager of D &R Furman, L.L.C.
Nota ub ' an for the State of Iowa
My corn Sion expires
et.* l% JENNIFER KAPAUN
+' r Commission Number 783061
w My Commission Expires
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