HomeMy WebLinkAboutA009 - Agreement for Sidewalks and Street Trees dated December 22, 2015 Instrument:2015- MUM
Return to: N Date:Dec 23v2015 03:29:43P
Haverkamp Properties Inc D Rec Fee: 10.00 E-Cos Fee: ia1�1
G Aud Fee: .00 Trans Tax: 1J1J
Will Call R Rec Management Fee: 1.00
Ames IA 50014 Non-Standard Page Fee: .00
Filed for record in Story Counts► Iowa
Stacie L. Herridge► County Recorder
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: B.J.Miller,4201 Westown Parkway,Ste.300,West Des Moines,IA 50266(515)288-2500
AGREEMENT FOR SIDEWALKS AND STREET TREES
The parties to this Agreement are 616 Billy Sunday Road, L.C., their 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 Crown Point Subdivision, City of 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:
l. 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. Owners may obtain building and zoning
permits for lots within said final subdivision plat within 36 months following said subdivision plat
#2672731 v.2
approval,with the understanding that an"occupancy permit"under City ordinances shall be withheld
with respect to any house for which said sidewalk and tree planting, has not been completed until the
sidewalk is completed and trees are planted as aforesaid. Further, if the sidewalk is not completed as
aforesaid for the segment of the street abutting the house within 36 months of the approval of said final
subdivision plat, the owner of said lot shall install the sidewalk as per City regulations regardless of
whether a house has been constructed on said lot. No building permit shall be issued after 36 months
following final subdivision plat approval for a lot unless said sidewalk has been installed. Required
street trees are to be installed prior to issuance of an"occupancy permit."
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.
DATED this day of December, 2015.
OWNERS CITY OF AMES, IOWA
�• I;r,
616 Billy Sunday Road, L.C.
J u
By:
Brent Haverkamp, Ma ger rector of Publ' Works " fry
STATE OF IOWA, STORY COUNTY ss: STATE OF IOWA, STORY COUNTY
This record was acknowledged before me this This record was acknowledged b�fore this ",'day
153 m day of December, 2015, by Brent Haverkamp as of December, 2015, by 1 V1 D i VX7— as
Manager of 616 Billy Sunday Road,L.C.. Director of Public Works fo =, —
Iowa.
� m tcvu.�,a1
Notary Public in and for State of Iowa otary Public in and for State of Iowa
INVa Diane R, Voss
is HEATHER M KERENS +V Cbmmission Number 134019
i Comrission Number 781426 * � Compq
My Commission Expires ��YI� :i-
November 21,2016
#2672731 v.2