HomeMy WebLinkAboutA005 - Agreement for Sidewalk and Street Trees, Instrument No. 2019-05918 Instrument p: 2019-05918
07/12/2019 09:18:19 AM Total Pages: 4
00 OTHER
Recording Fee: $ 22.00
Stacie Herridge, Recorder, Story County Iowa
Prepared By: Christopher S.Talcott,Davis Brown Law Firm,215 loth St. Suite 1300,Des Moines,IA.50309;(515)
288-2500
Return To:Same as Above
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are AmKin 18, LLC and Ambrose Properties, LC(together,
the"Owner") and the City of Anies, Iowa(the"City").
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 DEERY
SUBDIVISION,PLAT 2, 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, 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
#3076430 � ��[Ply
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revoked,null and void.
2. This Agreement shall
g be filed for record in the office
of the Story
o y 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 upon 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 this 3rd day of June, 2019.
(Signature pages follow.)
2
AMKINI8, LLC
By: _
Ben Kin-eth, Manager
STATE OF IOWA, COUNTY OF,��v�ss:
This record was acknowledged before me this day of June, 2019, by Ben Kinseth.
as Manager of AmKinl 8, LL
Notary Public in and for the State of Iowa
My commission expires
L
ATHI ELDER
rial seal -Iowa
ission#730271on Expires __
i
AMKINI8,LLC
By:
G Ambr alter
AMBROSE PROPERTIES,LC
By:
Ge Ambr e, anager
STATE OF IOWA, COUNTY OF�h)&Y\ ss:
This record was acknowledged before me this day of June,2019,by Gerry
Ambrose,as Manager of AmKin 18, LLC and as Manager of Ambrose Properties, LC.
N Public in and for a SttA/olwa
y commission expires
At TRACI M. KOEPP£l
` Commi aion Number 787766
.iceic MY _is,p ��O
low► M `
4
Prepared By:Christopher S.Talcott,Davis Brown Law Firm,215 10th St. Suite 1300,Des Moines,IA 50309;(515)
288-2500
Return To: Same as Above
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are AmKin18, LLC and Ambrose Properties, LC (together,
the "Owner") and the City of Ames, Iowa (the"City").
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 DEERY
SUBDIVISION, PLAT 2, 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, 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
#3076430
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 upon 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 this 3rd day of June, 2019.
[Signature pages follow.]
AMKINI8, LLC
By: 1<
Ben Kinseth, Manager
STATE OF IOWA, COUNTY OF,, p�� ss:
C�
This record was acknowledged before me this; day of June, 2019, by Ben Kinseth,
as Manager of AmKin18, LLC.
v tv
Notary Public in and for the State of Iowa
My commission expires
KATHI ELDER
Notarial seal -Iowa
Commission#730271
My Commission Expires
'a
.,
3
AMKINI8,LLC
By:
Gerry A anager
AMBROSE PROPERTIES,LC
By:
Ge r r 3 Am e,Manager
STATE OF IOWA, COUNTY OF- A , ss:
This record was acknowledged before me this day of June, 2019,by Gerry
Ambrose, as Manager of AmKin 18,LLC and as Manager of Ambrose Properties, LC.
l
Notar Public in and for the Stat f Iowa
My mmission expires ���, 7,02
TRACI M. KOEPPEL
Commission Number 787766
IOWA
My _ i�yo^ ��rjes
�. 12 J
4