HomeMy WebLinkAboutA002 - Agreement for Sidewalk and Street Trees dated August 26, 2016 �
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� � �� Im±rument:2016- 00009712
^M Date/Sem 29,2016 03:25:56P
- tj D Rec Fee: 15.00 E-Com Fee: 1.00
Aud Fee: ^00 Trans Tux; ^.O0
�—| Rec Mnouyement F�e: 1 00
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Non-Standard Page Fee: .00
� Filed for record in Sto,y Couoty Iowo
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Stacie L. Herridye, Cuunb Recorder
INSTRUMENT PREPARED BY: [-BrianD.Torresi,2605 Northridge Pkwy., Ste. 101,Ames, 1A 50010(515)288-2500
RETURN To: I Brian D.Torresi,2605 Northridge Pkwy., Ste. 101,Ames,1A 50010
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AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement for Sidewalk and Street Trees(this^^ ")azeDuyton
Park, L.L.C. (the"Owner") and the City nfAmes, Iowa(the ^Ljy�`).
WHEREAS,the Owner is in the process of platting u subdivision of real estate pursuant to
Chapter 23 of the Municipal [ode of the City of Ames, lovvu, to be known as AMES
COMMUNITY DEVELOPMENT PARK FIFTH ADDITION, AMES, STORY COUNTY,
DOWA (the "Subdivision"); and
WHEREAS,the Owner is required to construct sidewalks and plant street trees am part oythe �
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platting procedure of the City; �
N[)VV, THEREFORE, in consideration of the premises, it im hereby understood and ugcccd �
that:
I. The Owner shall construct a sidewalk as required by the City for said Subdivision,in
accordance with plans and opcoifioo1iounnn file with the City`o 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, lovvu. ()vvocr may obtain building and zoning permits for |ntn within the
Subdivision within thirty-six(3h)months following the approval of the fivalplat 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 tocontinue any interest in the covenants are filed as provided by law.
Dated thi� ad'y o�August, 2016.
(SIGNATURE PAGE FOLLOWS)
SIGNATURE PAGE OF
AGREEMENT FOR SIDEWALK AND STREET TREES
DAYTON PARKL.L.C.
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By:
Dean A. Hunziker, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on thi�day of August, 2016, by Dean E.
Hunziker, as a Manager of Dayton Park, L.L.C.
JENNIFER KAPAUN
:Commission Number Not n a for the St of Iowa
s 'qn 61
My i Aires ices
My commi ton expires !�
-CITY OF AMES,IOWA-
By:
John Joiner
Director of Pu/IicWorks
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