HomeMy WebLinkAboutA005 - Agreement for Sidewalk and Street Trees dated August 12, 2021, Instrument No. 2021-12158 Instrument p: 2021-12158
00/22/2021 02:09:40 PM Total Pages: 2
OTHER
o o Recording Fee: $ 12.00
Stacie Herridge, Recorder, Story s County Iowa mill K N111 M11 hlr�ir�AY111 Wr c� N 11111
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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: David W.Benson,Attomey at Law,1416 Buckeye Ave.Ste.200,Ames IA 50010
Document prepared by: David W.Benson,Attomey at Law,1416 Buckeye Ave.Ste.200,Ames IA 50010;(515)956-3900
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement are Fitch Land Development, LLC, an Iowa member-
managed limited liability company, (the "Owner") and the CITY OF AMES, IOWA (the
"cit-V").
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
BIRCH MEADOWS SUBDIVISION, SECOND 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 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 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 on the parties
hereto, their successors and assigns, for a period of twenty-one (21) years from the date of the
2
recording of these covenants, unless claims to continue any interest in the covenants are filed
as provided by law.
Dated Aqei f , 2021.
FITCH LAND DEVELOPMENT,LLC
By: Yl By: l ��
Mary R.Fitc , as Co-Trustee of the 4ZardFitch, as Co-Trustee of the
Richard and Mary Fitch Revocable Richard and Mary Fitch Revocable
Trust u/d/o September 25, 1996, Trust u/d/o September 25, 1996,
Member Member
STATE OF IOWA,COUNTY OF STORY: SS
This instrument was acknowledged before me on llk q45 r �a , 2021, by Mary R.
Fitch and Richard L. Fitch, as Co-Trustees of the Richard and Mary Fitch Revocable Trust u/d/o
September 25, 1996, which Trust is a member of Fitch Land Development, LLC.
F.
♦gyp, 1R SHAWN E. ROBERTS Notary Public
Commission Number 199444
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