HomeMy WebLinkAboutA005 - Agreement for Sidewalk and Street Trees dated September 23, 2016 . . � .
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Instrument:2016- 0001124D
Dote-How 08,2016 01!59:12P
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� Filed t'or record in Story County, IoWm
Stucie L. He-ridye, County Perorder
INSTRUMENT PREPARED BY: Brian D.Torresi, 2605 Northridge Pkwy., Ste. 101,Ames, 1A 50010(515)288-2500
RETURN To: Brian D.Torresi,2605 Northridge Pkwy., Ste. 10 1,Ames,1A 50010
AGREEMENT
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FOR SIDEWALK AND STREET TREES
The parties to this Agreement for Sidewalk and Street Trees (this "Agreement") are
Buuziker Development Corupuo}\ LLC (^HDC`) and Bunzikcr, Christy, Shirk Builders, Inc.
(^HCS") (8IJC and BCS are hereinafter collectively referred to as the "Owners") and the City of
Ames, Iowa(the ^City").
WHEREAS,the Owners are 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 SCENIC POINT
SUBDIVISION FIRST ADDITION,AMES, STORY COUNTY, DOWA (the "Subdivision");
and
WHEREAS, the Owners are required to construct private and public sidewalks and plant
street trees as part of the platting procedure of the City;
N[)lf, THEREFORE, in consideration of the premises, it in hereby understood and agreed
that:
l. The Owners oho||construct private sidewalks onbothxidesofdhmPrivn1cmtrcetvvithin
the Subdivision, as well as o public sidewalk as required by the City for said Subdivision, in
accordance with the Major Site Development Plan for the Subdivision and the plans and
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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. Owners 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 Owners
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 tocontinue any interest in the covenants are filed as provided by law.
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Dated this�day of September, 2016.
(SIGNATURE PAGE FOLLOWS)
HUNZIKER DEVELOPMENT COMPANY, LLC
B
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Ro ert W. Shirk, Manager
By:
Charles E. Winkleblack, Manager
STATE OF IOWA, STORY COUNTY, SS:
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This record was acknowledged before me on thisoV day of September,2016,by Robert W.
Shirk and Charles E. Winkleblack, as the Managers of Hunziker Development Company, LLC.
:1. JENNIFER KAPAUN
o"Commfeafon Number 783061
My iWon Expires Notary( i n and for the State of Iowa
My commission expires_.
HUNZIKER, CHRISTY, SHIRK BUILDERS, INC.
ByC4L ��.' -
Charles E. Winkleblack, Vice President
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this.2.3cfa`y of September,2016,by Charles E.
Winkleblack, as the Vice President of Hunziker, Christy, Shirk Builders, Inc.
JENNIFER KAPAUN
Co�n Number 783061 Notar Pu c in a fo the State of Iowa
My Comm on Expires My commission expires
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-CITY OF AMES,IOWA-
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By:
John Joiner (I--
Director of Public Works
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