HomeMy WebLinkAboutA011 - Agreement for Sidewalks and Street Trees dated December 14, 2016 4
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Filed for record in Stor _O
Stacie L. Berridgey Ccunt , Iwo.
, County Recorder
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DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
By& Return To:Seth D. Dodge,Att'y at Law,409 Duff,Ames, IA 50010(515)232-2501
AGREEMENT FOR SIDEWALKS AND STREET TREES
The parties to this Agreement are PINNACLE PROPERTIES AMES, L.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 South Fork Subdivision, Ninth
Addition, Ames, Story County, Iowa; and
WHEREAS, the Owners are required to construct sidewalks 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:
1. The Owners shall construct sidewalks 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
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 have 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 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 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 4 day of 15'� , 20 V
Owner
Pinnacle Prop%ilesme , L. C.
By vtti
Keith Arneson, Manager
STATE OF IOWA,COUNTY OF STORY)
This instrument was acknowledged before me on'Q2Gevnb� 2016 by KEITH ARNESON as
MANAGER of PINNACLE PROPERTIES AMES,L.L.C..
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nis Keri K Nayratil Notary Public in and for said State and County
2 �� Commission Number 799542
* * My Commission Expires
1010 September 29,
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CITY OF AIVIES,IOWA
By: ;.
Director of Public Works
STATE3OJOWA;ST�7A'V,'COUNTY ss:
This mstrum�nt as acknowledged before me this .�✓ day of .eC�W 2016, by
as Director of Public Works for the City of Ames,Iowa.
/
r Notary Public in and fors id St a and County
_,fit,�',7 •1:
$eR+AtLe Jill L. Ripperger
* * Commission Number 146549
My Commission Expires
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