HomeMy WebLinkAboutA006 - Agreement for Sidewalk and Street Trees dated August 22, 2017 SV;.'E 'R' E ,S 'E:R -Y-'E D F O. R' O.'F; F I,'C I A 'L . .0 'S E
Return document to: Eric J.Eide,1416 Buckeye Ave.Ste.200,Ames,IA50010
Document prepared by: Eric J.Eide,Attomey at law,1416 Buckeye Ave.Ste.200,Ames,IA 50010—515-956-3900
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are D & R Furman, L.L.C., an Iowa member-
managed limited liability company, (the "Owner") and the CITY OF AMES, IOWA
(the"Citv").
WHEREAS, the Owner is 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
BIRCH MEADOWS SUBDIVISION, FIRST ADDITION, AMES, STORY
COUNTY, IOWA(the"Subdivision"); and
WHEREAS, the Owner is required to construct sidewalks and plant street trees 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 Owner shall construct a sidewalk 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 plant the trees as required by the
Municipal Code of the City of Ames, Iowa, before any building or zoning permit will be
issued by the City with respect to affected lots; or, in the alternative, the Owner may
obtain said permits and proceed with construction pursuant to said permits, with the
understanding that an occupancy permit under City ordinances shall be withheld until the
sidewalks are completed and street trees planted as aforesaid. If the sidewalks are not
completed or trees are not planted as aforesaid within twenty-four (24) months of the
issuance of the permits, the said permits shall be revoked, null and void.
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 to continue any interest in the
covenants are filed as provided by law.
Dated 5(- ZZ , 2017.
D &R FURMAN,L.L.C.
BY: FW:� BY: �r__e
Mary R. Fit-A, as Co-Trustee of the Richard lVehard L.Fitch,as Co-Trustee of the Richard
and Mary Fitch Revocable Trust u/d/o and Mary Fitch Revocable Trust u/d/o
September 25, 1996,Member September 25, 1996,Member
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on as f 2Z , 2017,by Mary R. Fitch
and Richard L. Fitch, as Co-Trustees of the Richard and Mary Fitch Revocable Trust u/d/o September 25,
1996,which trust is a member of D&R Furman,L.L.C.
L DAVID W.BENSON
COMMISSaN Np. 1 112 30 NOTARY PUBLIC
My Op�11SSI4N
pow' APRIL 24 2020
D &R FURMAN L.L.C.
Mary R. F&k as Trustee of the Ruth W.
Furman Revocable Trust,Member
STATE OF IOWA,COUNTY OF STORY,SS.:
This instrument was acknowledged before me on v 5 Z Z— , 2017, by Mary R.
Fitch, as Trustee of the Ruth W. Furman Revocable Trust, which Gust is a member of D & R Furman,
L.L.C.
{, DAVID W.BENSON C�
ODM►lISSION N0. 1112 3 0
". � AfYCOMMlSSIOlVEXPIRES OTARY PUBLIC
APRIL 24,2020
2V ,
CITY OF AMES, IOWA
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Dated: 1 , 2017. gy; /"'��' - Z —
hn Joiner,D' ctor of Public Works
STATE OF IOWA,COUNTY OF STORY,SS.: r� (�
This instrument was acknowledged before me on 0 `I ,2017,by John Joiner, as
Director of Public Works,for the City of Ames,Iowa.
C----jt
NOTARY PUBLIC
Dians R.Voss
emmosda Numeais
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