HomeMy WebLinkAboutA004 - Agreement for Sidewalk and Street Trees dated February 20, 2018 Instrument 0: 2018-02263
Cc, 03/23/2018 11:24:26 AM Total Pages: 3
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Recording Fee 17.00
Stacie He.ridge, Lcorder, Story County Iowa
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AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to the Agreement for Sidewalk and Street Trees (the "Agreement")
are AURORA HEIGHTS, 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 minor subdivision of real
estate pursuant to Chapter 23 of the Municipal Code of the City of Ames, Iowa, to be
known as VILLAGE PARK SUBDIVISION, SECOND 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 Z&I)-\day of February, 2018.
(Signature Page Follows)
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Aurora Heights, LLC
By: Alex P. Galyqb, Manager
STATE OF IOWA, COUNTY OF C , ss:
This record was acknowledged before me on this day of February, 2018,
by Alex P. Galyon as Manager of Aurora Heights, LLC.
JENNY ARENDS
commission Number 782142 l^�9
My commission Expires
January 14, 2020
Notary Public in and for said State.
City of Ames, Iowa
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John Joiner, Diivdetor of Public Works
STATE OF IOWA, COUNTY OF STV , ss:
This record was acknowledged before me on this 96 hday of Q OACk
2018,by John Joiner as Director of Public Works for the City of Ames, Iowa.
Notary Public in and for said State.
Diane R. Voss
Commission Number 134019
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