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HomeMy WebLinkAboutA008 - Agreement for Sidewalk and Street Trees n �o v o Instrument:2015- 00010PCom 8 1tn N Oate:Oct 21,2015 03:104F' ea' 0 Rey_ Fee: 10.00 Fee: 1.00 w ?� Aud fee: .00 Trans Tax: .00 Rec Management Fee: 1.00 CHon-Standard Page Fee: .00 �n Filed for record in Sto j Countyr Iowa Stacie L. Herridge C untq Recorder a� >1N w uN w INSTRUMENT PREPARED BY: Brian D. Torresi,2605 Northridge Pkwy., Ste. 101,Ames,IA 50010 (51 )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"City'). WHEREAS, the Owner is in the process of platting a subdivision of real estate p arsuant to Chapter 23 of the Municipal Code of the City of Ames, Iowa, to be known as NORT RIDGE HEIGHTS SUBDIVISION EIGHTEENTH ADDITION,AMES,STORY COUNT ,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 refer nce 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 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 foresaid. 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 of September, 2015. UTHE DEVELOPMENT COMPANY, L.L.C. By: �-- De n E. Hunzik'er, Man ger By: as 6 Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this ay of September, 2015,by Dean E. Hunziker and Charles E. Winkleblack, as the Managers of Uthe Develop nt Company, L.L.C. Gr--� y JENNIFER KAPAUN Not P bli My Fires an for the State o Iowa Commissim Number 783061 My co oW n expires i -CITY OF AMES,IOWA John Joiner Director of Public Works 1P. 2