HomeMy WebLinkAboutA009 - Agreement for Sidewalk and Street Trees dated April 18, 2016 U�
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Instrument:2016- (10004117
d� ,H Oate:May 16?2'01f 0.3:11:3(IP
Rec Fee: 15,11171 E-Com Fee: 1.00
Hud Fee: ,i10 Trans Tax: -0li
Rec Management Fee: I,011
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w Filed for record in Storg CounUt Iowa
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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
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement for Sidewalk and Street Trees(this"Agreement")are Hunziker
Land 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 pursuant to
Chapter 23 of the Municipal Code of the City of Ames, Iowa, to be known as HAYDEN'S
CROSSING SUBDIVISION FIRST ADDITION, AMES, STORY COUNTY, 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:
l. 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 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. Owner may obtain building and zoning permits for lots within the
Subdivision within thirty-six(36)months following the approval of the final plat of the Subdivision,
with the understanding that an occupancy permit under City ordinances shall be withheld with
respect to any lot for which the sidewalks have not been installed and the street trees have not been
planted. Further, if the sidewalk is not completed as aforesaid for the segment of the street abutting
the lot within thirty-six (36)months of the approval of the final plat of the Subdivision,the Owner
shall install the sidewalk as per City regulations regardless of whether a residence has been
constructed on said lot. No building permit shall be issued after thirty-six (36) months following
approval of the final plat of the Subdivision for a lot unless said sidewalk has been installed.
Required street trees are required 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(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 ay of April, 2016.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
AGREEMENT FOR SIDEWALK AND STREET TREES
HUNZIKER LAND DEVELOPMENT COMPANY, L.L.C.
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By:
can E. Hunziker, Manager
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By: U„�4, ../.
Charles E. Winkleblack, Manager
STATE OF IOWA, STORY COUNTY, SS: �J
This record was acknowledged before me on this a da f April, 2016, by Dean E.
Hunziker and Charles E. Winkleblack,as the Managers of Hunziker Land Development Company,
L.L.C.
,,. V, JENNIFER KAPAUN
_ +Commission Number 783061 Not y P i and f9f the State of Iowa
My Comm ion P s
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-CITY OF AMES,IOWA-
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John Joiner
Director of Public Works vk�V-)X>&-"., .W
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