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HomeMy WebLinkAboutA006 - Agreement for Sidewalk and Street Trees dated June 18, 2015 ' � ins`ra�ent.2�1L5- ,j�r��Jc�?9 Date:jul 27,2015 05:44:01P 0 Rec Fee: 10 00 E-Com Fee: .' G Aud Fee: -00 trans Tom: .00 Ra_C f3anase Qnt Fee: 1.00 Non-Standard Pose Fee: GO Filed for record in Stars Counts? lowa Stacie L. ilerridgea Counts Recorder Space above for reccrding data By& Return To: Craig R. Hastings,Att'y 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, Eighth 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 r 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 es, L.L.C. By _ 1 Keith Arneson, Manager STATE OF IOWA, COUNTY OF STORY) This instrument was acknowledged before me on 2015 by KEITH ARNESON as MANAGER of PINNACLE PROPERTIES AMES, L.L.C.. Audrey E Pusey Notary Publia in and for Sad State and County Cor.1mission Number 758421 My Commission Expires r.13y 22.2018 CITY OF AMFS, IOWA �— Director of Public Works STATE OF IOWA, STORY COUNTY ss: 7 This inst ument was acknowledged before me this day of 2015, by �I� Vas Director of Public'—Vv10 ks for the City of Ames, Q,rsu Diane R. Vass Commission Number 134018 Y roa Notary Public in and for said State and County L!