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HomeMy WebLinkAboutA015 - Agreement for Sidewalk and Street Trees dated August 19, 2019, Instrument No. 2019-08744 r C) ton s - o Instrument 0: 2019-08744 09/19/2019 03:23:41 PM Total Pages: 3 00 OTHER d Recording Fee: $ 17.00 G Stacie Herridge, er_order, Story County Iowa mill WN I'WkK�1's�';�a� l.«r! WMIJ W11111111 N N r w INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010(515)288-2500 RETURN To: Brian D.Torresi,2605 Northridge Pkwy.,Ames,IA 50010 AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement for Sidewalk and Street Trees (this "Agreement") are The Quarry Estates,L.L.C. (the "Owner") and the City of Ames, Iowa(the "Ci '). 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 QUARRY ESTATES SUBDIVISION FOURTH 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 Section 23.402 of the Municipal Code of the City of Ames, Iowa. Owner 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 that 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 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(21)years from the date of the recording of these covenants,unless clai to continue any interest in the covenants are filed as provided by law. Dated this day of August, 2019. (SIGNATURE PAGE FOLLOWS) SIGNATURE PAGE OF AGREEMENT FOR SIDEWALK AND STREET TREES THE QUARRY ESTATES,L.L.C. By: urt W. Friedrich, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this /� day of August, 2019, by Kurt W. Friedrich, as a Manager of The Quarry Estates, L.L.C. BRIAN TORRESI Notary Public in and for the State of Iowa Commfa w Number 742380 WowMy My commission expires /d-� -CITY OF AMES,IOWA- By v- John Joi er Director of Public Works 3