HomeMy WebLinkAboutA020 - Covenant for Sidewalks and Street Trees, Instrument No. 2020-05746 Instrument N: 2020-05746
06/02/2020 10:43:53 AM Total Pages: 2
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Recording Fee: $ 0.00
Stacie Herridge, Recorder, Story County Iowa
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S P A C E A B O V E R E S E R V E D F O R_ O F F I C I A L U S E
Return document to: City Clerk,515 Clark Avenue,Ames IA 50010
Document prepared by:VictoriaA.Feilmeyer.City ofAmes Legal Department,515 Clark Ave.,Ames,IA 500 1 0-5 15-239-5 146
COVENANT FOR SIDEWALKS AND STREET TREES
WHEREAS, the City of Ames, as Owner, is in the process of platting a subdivision of
real property pursuant to Chapter 23 of the Municipal Code of the City of Ames, Iowa, to be
known as BAKER SUBDIVISION, AMES, IOWA, (the "Subdivision"); and
WHEREAS, the Municipal Code requires the construction of sidewalks and the planting
of street trees as part of the Subdivision platting procedure;
WHEREAS, the City of Ames anticipates transferring Lots within the Subdivision and
intends to create a binding obligation upon subsequent transferees (hereinafter "Owner" which
shall include successors and assigns)to construct Sidewalks as required by the Municipal Code;
NOW THEREFORE, in consideration of the premises, and as part of the approval
process it is hereby understood that:
1. The Owner of each Lot within Baker Subdivision, Ames, Iowa, shall construct a
sidewalk as required by the Municipal Code for said Subdivision, in accordance with
plans and specifications on file with the City's engineers and plant the 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 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 along the lot
frontage of a completed street improvement for the segment of the street abutting the
lot within 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 occupancy 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 document 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-on (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 day of May 2020.
CITY OF AMES,IOWA
By.
John A. Haila, Mayor ,
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Diane R. Voss, City Clerk
STATE OF IOWA, COUNTY OF STORY, SS.: This instrument was acknowledged before
me on A-Aa a(.-, , 2020, by John A. Haila and Diane R. Voss, as Mayor and
City Clerk, res ctively, of the City of Ames, Iowa.
AMY L. COLWELL
alrl.o�r Commission ray: t)er&1213a
My C mis E*im
TARY BLIC
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