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HomeMy WebLinkAboutA016 - Agreement for Sidewalk and Street Trees dated August 19, 2020, Instrument No. 2020-11397 • o^� Instrument 0: 2020-11397 o �) 09/28/2020 02:38:00 PM Total Pages: 3 00 OTHER N Recording Fee: 17.00 d Stacie Herridge, Recorder, Story County Iowa ■III All RA V1 0415 ,11 kd.lqihM 11111 ,I 111 w+cvi silk INSTRUMENT PREPARED BY: Brian D.Torresi,2605 Northrid e Pk Ames,IA 50010 515 288-2500 RETURN To: Brian D.Torresi,2605 Northridge Pkwv.,Ames,IA 50010 AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement for Sidewalk and Street Trees(this"Agreement")are Hunziker Land Development Company,L.L.C. ("Hunziker"),Sunset Ridge Property Owners Association(the "Association") (Hunziker and the Association are hereinafter collectively referred to as the "Owners"), and the City of Ames, Iowa(the "City"). WHEREAS,the Owners are 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 SUNSET RIDGE SUBDIVISION TENTH ADDITION,AMES,STORY COUNTY,IOWA(the"Subdivision"); and WHEREAS,the Owners are 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 Owners 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. 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 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 Owners 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 I1) day of August, 2020. (SIGNATURE PAGE FOLLOWS) SIGNATURE PAGE OF AGREEMENT FOR SIDEWALK AND STREET TREES HUNZIKER LAND DEVELOPMENT COMPANY, L.L.C. By: L Dean E. Hunziker, Ma ger By: ak, C-1 u l , Charles E. Winkleblack, Manager STATE OF IOWA, STORY COUNTY, SS: ��,,[[ This record was acknowledged before me on this 19'` day of August, 2020, by Dean E. Hunziker and Charles E. Winkleblack, as Managers of Hunziker Land Development Company, L.L.C. JUSTIN ROBERT DODGE Z �Commission Number 792016 °WP My Commission Expires otary P lic in and for the State of Iowa September 11, 2021 My commission expires j ZPZ SUNSET RIDGE PROPERTY OWNERS ASSOCIATION By: Craig ck, President STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on this 19�day of August,2020,by Craig Mack, as the President of Sunset Ridge Property Owners ation. oPP%AI S�Commission ROBERT DODGE Notary ublic in an for the St to of Iowa _ ommission Number 792016 My Commission Expires My commission expires a Zoo! September 11, 2021 -CITY OF AMES,IOWA- By: ohn Joiner Director of Public Works 3