HomeMy WebLinkAboutA001 - Agreement for Sidewalk and Street Trees dated August 9, 2022, Instrument No. 2022-10197 InstrunienZ q: 2022-10197
10/19/2022 02:48:34 PM Total Pages. 4
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Recording Fee: 22.00
Stacie Herriddge, Lcorder, Story County Iowa
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INSTRUMENT PREPARED BY: Brian D.Torresi, 120 S 16th St. Ames IA 50010(515)288-2500
RETURN To: I Brian D.Torresi, 120 S 16th St.,Ames,IA 50010
AGREEMENT FOR SIDEWALK AND STREET TREES
The parties to this Agreement for Sidewalk and Street Trees(this"Agreement") are H &B
Properties, 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 FEDELER
LINCOLN WAY 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 runningwith the land and shall endure and be binding on the parties hereto their
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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 a\ day of August, 2022.
(SIGNATURE PAGE FOLLOWS)
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SIGNATURE PAGE OF
AGREEMENT FOR SIDEWALK AND STREET TREES
H & B PROPERTIES,L.L.C.
By: WILLIAM K. FEDELER 2005 TRUST
AGREEMENT, Sole Member
By: �l�/ � 'z---
William K. Fedeler, Trustee
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this'day of August, 2022,by William K.
Fedeler, as the Trustee of and/or under the William K. Fedeler 2005 Trust Agreement, the Sole
Member of H & B Properties, L.L.C.
,•" •� BMAN TORRESI
Commission Number 742380 Notary Public in and for the State of Iowa
71M7 My commission expires J'1d//0
CITY OF AMES, IOWA
By:
John Joiner
Director of Public Works
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SIGNATURE PAGE OF
AGREEMENT FOR SIDEWALK AND STREET TREES
H & B PROPERTIES,L.L.C.
By: WILLIAM K. FEDELER 2005 TRUST
AGREEMENT, Sole Member
By: r��/ � z--
William K. Fedeler, Trustee
STATE OF IOWA, STORY COUNTY, SS:
This record was acknowledged before me on this 1 day of August, 2022,by William K.
Fedeler, as the Trustee of and/or under the William K. Fedeler 2005 Trust Agreement, the Sole
Member of H & B Properties, L.L.C.
BRIAN TORRESI
•�Commfssion Number 741380 Notary Public in and for the State of Iowa
My Cprr�rr� ,�a�_ My commission expires J-ld//d`7
CITY OF AMES, IOWA
B y a C ---'
John Joiner
o Public Works
3