HomeMy WebLinkAboutA005 - Agreement for Sidewalks and Street Trees dated October 19, 2023 Instrument K: 2023-07709
10/30/2023 12 22 43 PIS Total Pages 4
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Recording Fee S 22 00
Stacie Harr Recorder ,Recorder , Story County Iowa
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Un hUM 1NFranklin J Feilmeyer,PO Box 847,Ames,IA 50010 I P.515232.1761 1 E.FJFcanewpointlawfirm.com
D=M FIwl Franklin J Fedmeyer,PO Box 847,Ames,1A 500101 P:515232I761 I E:FJFftrwpointlawfirm.com
Agreement for Sidewalks and Street Trees
The parties to this Agreement for Sidewalk and Street Trees(this 'Agreement")are Ansley
Land, LLC,and Burgason Enterprises, L L C. (the"Owner"), and the City of Ames, Iowa ("City").
Whereas, Owner is in the process of platting a subdivision of certain real property pursu-
ant to Chapter 23 of the Municipal Code of the City of Ames, Iowa, to be known as
Ansley Subdivision, First Addition, Ames, Story County, Iowa
(the"Subdivision");and
Whereas, Owner is required to construct sidewalks and plant street trees pursuant to the
subdivision platting ordinance of the City;
Now,Therefore, in consideration of the premises, it is hereby understood and agreed that.
I Owner shall construct sidewalks as required by City in accordance with plans and specifica-
tions on file with City's engineers for the Subdivision and by this reference made a part hereof
and shall plant the number and variety of trees required by section 23.402 of the Municipal
Code of the City of Ames, Iowa.Owner,successors,and assigns may obtain building and zon-
ing permits for lots within the Subdivision within 36 months following approval of the final
plat of the Subdivision with the understanding that an occupancy permit under City ordi-
nances shall be withheld with respect to any lot for which the sidewalks have not been installed
and street trees have not been planted. Further, if a sidewalk is not completed for a segment of
the street abutting a lot within 36 months of the approval of the final plat of Subdivision,Owner
shall install the sidewalk as required by City regulations regardless of whether a residence has
been constructed on said lot. No building permit shall be issued after 36 months following
approval of the final plat of Subdivision for a lot unless said sidewalk has been installed. Re-
quired 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 cov-
enants running with the land and shall endure and be binding on the parties hereto, their suc-
cessors and assigns, for a period of 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 The cove-
nant shall be deemed released with respect to a lot for which an occupancy permit has issued.
FJr 12023MOO1000M
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Agreement for Sidewalks and Street Trees Pa g v 12
IN WITNESS OF THIS AGREEMENT for Sidewalk and Street Trees, Developer has exe-
cuted this record below-
Dated September 1 q 2023
ANSLEY LAND, LLC
Steven W. Burgason, Manager Anne F. Burgason, Manager
STATE OF IOWA,COUNTY OF STORY,SS.:
Steven W.Burgason and Anne F.Burgason each acknowledged this record before me on September
2023, as managers of Ansley Land, LLC.
V ►m 57Al1/CO 10tV l 06M kW 'I-
NOTARIAL SEAL•STATE OF IOWA
Franklin J Fellmeyer
Commisslon No 161389 N TARY PUBLI
My Commission Expires
on the 1 a1h day o1 July 201h�
F",202)N1910 ye NEH+DINT
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Agreement for Sidewalks and Street Trees I' a 13
IN WITNESS OF THIS AGREEMENT for Sidewalk and Street Trees, Developer has exe-
cuted this record below,
BURGASON ENTERPRISES, L.L.C.
Dated September 1 2023. By. w, (,� ) `�/ ```J
Steven W. Burgason, Manager
STATE OF IOWA, COUNTY OF STORY,SS.:
Steven W.Burgason acknowledged this record before me on September Tq_2023,as manager of
Burgason Enterprises, L.L.C.
,t' Film SIAMI of kQ'W OWAV him ,,,
JWNOTANIAt SEAL•STATE OF IOWA 1*7
Franklin J Feilmeyer
Commission No 161389 N TARY PUBLICV
My Commission Expires
n the t6th day 01 July 202
F,e'MINI 'o M NEHtrPOINT
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Agreement for Sidewalks and Street Trees 1' ,i g v 1 4
IN WITNESS OF THIS AGREEMENT for Sidewalk and Street Trees, City has executed
this record below-
CITY OF AMES, IOWA
Dated the day of O�/T— 2023 By:
j n Joiner, Dire or of Public Works
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