HomeMy WebLinkAboutA011 - Agreement for Sidewalk and Street Trees dated April 23, 2015 ' r �
AInstrument:2015- 00007494
M Date:AOr 29►2015 09:40:24A
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Filed for record in Story County► Iowa
Stacie L. Nerrld9e, 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 for Sidewalk and Street Trees (this "Agreement") are E.A.
Hunziker Development,L.L.C.("Hunziker')and D&R Furman,L.L.C.("Furman')(Hunziker and
Furman are hereinafter collectively referred to as the "Owners") and the City of Ames, Iowa(the
WHEREAS,the Owners are in the process ofplatting a subdivision of real estate pursuant to
Chapter 23 of the Municipal Code of the City of Ames, Iowa, to be known as WESTAR
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
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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 z 3day of / f 1 , 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:
Dea E. Hunziker, Manage
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By:
ary . u er, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this 3 day of 2015,by Dean E.
Hunziker and Gary J. Hunziker, as the Managers of E.A. Hunziker evelopm nt, L.L.C.
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Notary is i fo the State of Iowa
My commission expires 3
JENNIFER KAPAUN
CommbSlon Number 783061
Comm Expires
3
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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: `M . FtJI-7-e.h
Mary R. itch, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this e?Iday of 15,by Mary R.
Fitch, as the Manager of D&R Furman, L.L.C.
Not bli an or the State of Iowa
My commis on expires , /7
JENNIFER KAPAUN
Commission Number 783061
mm ion Expires
ow
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