HomeMy WebLinkAboutA007 - Agreement for Sidewalks and Street Trees dated March 2, 2017 Instrument 0: 2017-03415
04/17/2017 12:20:38 PM TotaL Pages: 2
00 OTHER
Recording Fee: $ 12.00
Stacie Herridge, Recorder, Story County Iowa
i11 K VIF. %1AUi.MAIRMA 11111
DO NOT WRITE IN THE SPACE ABOVE THIS LINE,RESERVED FOR RECORDER
Prepared by: John A.Tillo,Pasley&Singer Law Firm,LLP,323 Sixth St.,P.O.Box 664,Ames,IA 50010
AGREEMENT FOR SIDEWALKS AND STREET TREES
The parties to this Agreement are TAILWIND 1854 MADISON, LLC, a Minnesota
limited liability company, 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 Aspen Business Park Subdivision, Third
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:
i. 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
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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 day of �44 2017.
OWNERS CIT O AMES,IOWA
By.
Michael Sather �
._.
Its Director of Public Works ,. •�. .. . ..
STATE OF M efieg;o COUNTY ss: STATE OF IOWA,STORY COUNTY ss:
This iustrume t was acknowledged before me this This instrument was acknowledged before me this
day of 3 2017, by day of Al " /7 by— V a 1�irectoz
CAM wl e_ 'Z i IV4PA PYMO,A- of Public Wrks for thye�City of Ames,Iowa.
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Notary Public in and for State of Notary Public in and f r ST of Iowa
a-AW Jill L. Ripperger
.J WINE 8. ZI6MMERA�MN Commission Number 146s49
NOTARY 01.16iIC *IOW A* ray commission f 7) Ims
.MINNESOTA
M1r Den�niukxi E�im.may a�.�oie
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