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HomeMy WebLinkAboutA004 - Agreement for Sidewalks and Street Trees dated November 21, 2022, Instrument No. 2022-11963 Ei Instrument, 4: 2022-11963 ' 12/29/2022 03:17:53 PM Total Rages: 7 00 OTHER Recording Fee, 1 17,00 Stacie Herridge, ecorder, Story County Iowa 44 � o �Z fir► aN W INS_T_RUMENT PREPARED BY: Brian D.Torresi 120 S 169'St.,Ames,IA 50010 515)288-2500 µ RCTLIRN TO; Brian D.Torresi, 120 S 16t1'St.,Ames,IA 50010 i AGREEMENT FOR SIDEWALK AND STREET TREES The parties to this Agreement for Sidewalk and Street Trees (this "Agreement") are The Quarry Estates, L.L.C. (the "Owner") and the City of Ames, Iowa(the" Ltt '). 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 QUARRY ESTATES SUBDIVISION SIXTH 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: I, 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 i I! E ' 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 i i 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 i 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 clais to continue any interest in the covenants are filed as provided by law. Dated this30day of November, 2022. (SIGNATURE PAGE FOLLOWS) SIGNATURE PAGE OF AGREEMENT FOR SIDEWALK AND STREET TREES THE QUARRY ESTATES, L.L.C. By: K rt W. Friedrich, Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on t�dday of Nove .be,20 y Kurt W Friedrich, as a Manager of The Quarry Estates, L.L.C. lP,.%At& KIMBERLY M.SEWALD ' 0 Commission Number 815619 L My commission Expires NotA a e Publ' m or e St of Iowa 'OiN'' March 5, 2025 My commi ion expires By: chard J. Jo ns , Manager STATE OF IOWA, STORY COUNTY, SS: This record was acknowledged before me on turfs da of Nove er,2022 Richard J. g — Y � Y Johansen, as a Manager of The Quarry Estates, L.L.C. F KIMBERLY M. SEWALD r Commission Number 815619 i My Commission Expires °w March 5, 2025 t Pubk In Or tate o Iowa My commis on expires CITY OF AMES, IOWA By: John Joiner Director of Public Works _ +rr