HomeMy WebLinkAboutA008 - Agreement for Sidewalk and Street Trees, Instrument No. 2020-05302 Zo
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o 0 t Instrument N: 2020-05302
h 05/21/2020 10.09.34 AM Total Pages: 3
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y Recording Fee: $ 17.00
Y Stacie Herridge, Recorder, Story County Iowa
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INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northrid e Pk .,Ames,IA 50010 515 00 288-25
RETURN To: Brian D.Torresi,2605 Northridge Pk .,Ames,IA 50010
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement for Sidewalk and Street Trees (this "Agreement") are DW
PORTFOLIO,LLC (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 WHEELOCK
CORNER SUBDIVISION, 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 claims to continue any interest in the covenants are filed as provided by law.
Dated this 10 day of April, 2020.
(SIGNATURE PAGE FOLLOWS)
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SIGNATURE PAGE OF
AGREEMENT FOR SIDEWALK AND STREET TREES
DW PORTFILIO"Wheelock,
LLC
By:
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this L day of April, 2020, by David E.
Wheelock, as a Manager of DW Portfolio, LLC.
♦pP�A(S� JUSTIN ROBERT DODGE
Commission Number 792016 Notary Public i and for the tale of Iowa
_
My Commission Expires My commission expires
September 11, 2021
-CITY OF AMES,IOWA-
R--ZcBy: �.
John Joiner
Director of Pu lic Works
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