HomeMy WebLinkAboutA004 - Agreement for Sidewalk and Street Trees dated September 28, 2020, Instrument No. 2020-13106 A
Instrument a: 2020-13106
11/03/2020 03-28:38 PM Total Pages 2
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Stacie Herridge, Recorder, Story County I0448
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INSrRUMENTPREPARED BY: Bnan 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 PINNACLE
PROPERTIES AMES, L.L.C. (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 DOMANI
SUBDIVISION FIRST 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. The 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
2020-13106 00 11/03/2020 03:28:38 PM Page 2 of 2
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 thisa0'tiy day of September, 2020.
PINNACLE PROPERTIES AMES, L.L.C.
By:
Keith D. Arneson, Manager
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this,_-)X4'�`day of September, 2020, by Keith D
Arneson, as Manager of Pinnacle Properties Ames, L.L.C.
Notary Public in nd for thS ate o Iowa
My commission expires aj a3
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WALD-CITY OF AMES, IOWA- 7bbbl0xpo"3
By ,✓ r-_
John Join
Director of Public Works
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