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HomeMy WebLinkAboutA007 - Agreement for Sidewalk and Street Trees dated March 9, 2017 Instrument N: 2017-04651 05/17/2017 03:34:26 PM Total Pages: 3 O o0 00 OTHER Recording Fee: 17.00 Stacie Herridge, ecorder, Story County Iowa on b N W Prepared by and return to: Alex P.Galyon P.O.Box 1723,Ames,Iowa 50010 515-708-1375 , AGREEMENT FOR SIDEWALK AND STREET TREES The parties to the Agreement for Sidewalk and Street Trees (the "Agreement") are PINNACLE PROPERTIES AMES, LLC (hereinafter referred to as "Owners") and the CITY OF AMES, IOWA(hereinafter referred to as the "City"). WHEREAS, 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 CRANE FARM SUBDIVISION,THIRD ADDITION,AMES, STORY COUNTY, IOWA(hereinafter referred to as the "Subdivision"); and WHEREAS, Owners will be required to construct sidewalks and plant street 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 agreed that Owners shall construct all sidewalks as required by the City in the Subdivision described herein, in accordance with the plans and specification on file with the City's engineers and by this reference made a part of this Agreement, and plant 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 than 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 for the segment of the street abutting the lot shall be planted prior to the issuance of an occupancy permit. 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 files as provided by law. Dated this day of March, 2017. (Signature Page Follows) C my Pinnacle Properties Ames, LLC By: Keith D. Arneson, Manager STATE OF IOWA, COUNTY OF ss: This record was acknowledged before me on this 9-�— day of March, 2017, by Keith D. Arneson as Manager of Pinnacle Properties Ames,LLC. �Pa�"Es CASSIE ROCK Commission Number 7903456au� vv �oWa My Commission Expires pires June 5, 2018 Notary Public in and for said State. City of Ames, Iowa By: John Joiner, Director of Public Works STATE OF IOWA, COUNTY OFF 2LA , ss: This record was acknowledged before me on this 5 day of 2017,by John Joinery Director of Public Works for the City of Ames,Iowa. Notary Vublic and for said State. o��Riacs� Jill L. Ripperger Commission Number 146549 * * my Commission 9pires