HomeMy WebLinkAboutA001 - Affidavit, Proof of Publication, and Resolution from Ames Community School District ACSD Tennis Court Easements [Matter No. 2830-0268]
I —® � Victoria Feilmeyer to: Diane R Voss 11/13/2018 04:40 PM
`— FA CC: Nathan Willey
Diane: I have attached the documents(authorization,proof of publication and resolution)
authorizing the easements granted to the City by the School District on the property located in
the vicinity of the new tennis courts.. I am sending to you to save as part of your FMS file. It is
now appropriate to file the three easements (Sanitary Sewer, Water and Electric) delivered to
your office last week. If you could send me a file-stamped copy once filed, I would be grateful.
Thanks.
7
Ames Completed Resolution (01538608x7F7E1).PDF
CITY OF
. Am e s...
Victoria A. Feilmeyer
Assistant City Attorney
515.239.5146 main 1515.239.5142 fax
vfeilmeyer@city.ames.ia.usl City Hall,515 Clark Avenue Ames, IA 50010
www.CitvofAmes.org " Caring People^ Quality Programs'"Exceptional Service"
Instrument 0: 2018-10143
11/07/2018 03:41:03 PM Total Pages: 10
01 OTHER AFFIDAVIT NONTRRNSFER
Recording Fed: 52.00
Stacie Herrid Recorder, Story County Iowa
Bill ral
i
Affidavit and Resolution re Disposition of Real Property
[Pursuant to Iowa Code Section 297.221
Recorder's Cover Sheet
Preparer Information:
Conner L. Wasson
Ahlers&Cooney P.C.
100 Court Avenue, Suite 600
Des Moines,IA 50309
(515)243-7611
Taxpayer Information:
N/A
Return Address
Conner L.Wasson
Ahlers&Cooney P.C.
100 Court Avenue,Suite 600
Des Moines,IA 50309
Grantors: Ames Community School District
Grantees: City of Ames,Iowa
Legal Description: See Page 3
Document or instrument number of previously recorded documents:
2018-10143 01 11/07/2018 03:41:03 PM Page 2 of 10
AFFIDAVIT
RE: See Exhibit A
STATE OF IOWA )
SS:
COUNTY OF STORY )
I, Christine Stensland, am the Secretary of the Board of Directors of the Ames Community
School District("District')in the County of Story, State of Iowa, and am authorized to make this
Affidavit
This Affidavit is famished to show compliance by the District with Iowa Code Chapter 297
relative to the conveyance of certain property described herein("Property")to City of Ames,Iowa
I certify that attached are true and complete copies of:
1. Proof of Publication of Notice of Public Hearing published as required by Iowa
Code Section 297.22.
2. Resolution approving conveyance of the interest in the Property.
WITNESS my hand hereto on 11 I 2018.
Christine Stensland,Board Secretary
Ames Community School District
Subscribed and sworn to before me,a notary public in and for the State of Iowa,on this
2018
Notary Public
Commission Expires: i7 "f 9
Lf
CAROL HUNDEHiA7ARK
CommL'n Number 763529
My Commission E�ires
°� June 17. Z019
2018-10143 01 11/07/2018 03:41:03 PM Page 3 of 10
Exhibit A
SANITARY SEWER EASEMENT:
A PART OF LOT 3 OF SOMERSET SUBDIVISION FIRST ADDITION,AN OFFICIAL PLAT
IN THE CITY OF AMES,STORY COUNTY,IOWA AND BEING 10.00 FEET ON EACH
SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 51 OF SOMERSET
SUBDIVISION SECOND ADDITION,BEING AN OFFICIAL PLAT;THENCE SOUTH
00032'03"EAST ALONG THE WEST LINE OF SAID LOT 3 OF SOMERSET SUBDIVISION
FIRST ADDITION,29.56 FEET TO THE POINT OF BEGINNING;THENCE NORTH
90000'00"EAST,78.90 FEET TO THE POINT OF TERMINUS. SAID EASEMENT
CONTAINS 0.04 ACRES (1,578 S.F.).
WATER MAIN EASEMENT:
A PART OF LOT 3 OF SOMERSET SUBDIVISION FIRST ADDITION,AN OFFICIAL PLAT
IN THE CITY OF AMES,STORY COUNTY,IOWA AND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 51 OF SOMERSET
SUBDIVISION SECOND ADDITION,BEING AN OFFICIAL PLAT;THENCE SOUTH
00032'03"EAST ALONG THE WEST LINE OF SAID LOT 3 OF SOMERSET SUBDIVISION
FIRST ADDITION,6.88 FEET TO THE POINT OF BEGINNING;THENCE NORTH 90°00'00"
EAST,'2.68 FEET;THENCE NORTH 00-00100"EAST,6.00 FEET;THENCE NORTH
90-00-00"EAST, 10.00 FEET;THENCE SOUTH 00°00'00"EAST, 6.00 FEET;THENCE
SOUTH 90000'00"EAST,426.66 FEET;THENCE SOUTH 75°15'36"EAST,69.44 FEET;
THENCE SOUTH 00000'00"EAST 39.46 FEET;THENCE NORTH 90°00'00"EAST 144.07
FEET;THENCE SOUTH 15°12'49"WEST,73.40 FEET;THENCE SOUTH 74°47'11"EAST,
87.04 FEET;THENCE SOUTH 07'17'11"EAST,277.97 FEET TO THE SOUTH LINE OF
SAID LOT 3;THENCE SOUTH 8815546"WEST ALONG SAID SOUTH LINE, 10.06 FEET;
THENCE NORTH 07017'11"WEST,270.20 FEET;THENCE NORTH 74°47'11"WEST,98.58
FEET;THENCE NORTH 15°12'49"EAST, 10.00 FEET;THENCE SOUTH 74*4711" EAST,
8.22 FEET;THENCE NORTH 15°12'49"EAST,60.32 FEET;THENCE SOUTH 90°00'00"
WEST, 140.99 FEET;THENCE NORTH 00°00'00" WEST,41.75 FEET,THENCE NORTH
75°15'36"WEST,60.32 FEET;THENCE SOUTH 90°00'00"WEST, 14.06 FEET;THENCE
SOUTH 00°00'00"WEST,30.00 FEET;THENCE SOUTH 90°00'00"WEST, 10.00 FEET;
THENCE NORTH 00000'00"WEST,30.00 FEET;THENCE SOUTH 90°00'00" WEST,413.89
FEET TO THE WEST LINE OF SAID LOT 3;THENCE NORTH 00°32'03"WEST ALONG
SAID WEST LINE, 10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.27
ACRES(11,656 S.F.).
2018-10143 01 11/07/2018 03:41:03 PM Page 4 of 10
ELECTRIC FACILITIES EASEMENT:
A PART OF LOT 3 OF SONMRSET SUBDIVISION FIRST ADDITION,AN OFFICIAL PLAT
IN THE CITY OF AMES, STORY COUNTY,IO WA AND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3;THENCE NORTH
88055'28"EAST ALONG THE SOUTH LINE OF SAID LOT 3,A DISTANCE OF 1064.01
FEET TO THE POINT OF BEGINNING;THENCE NORTH 00°00'00"EAST,41.79 FEET;
THENCE NORTH 28°01'S4"WEST,318.08 FEET;THENCE SOUTH 90°00'00"EAST, 11.33
FEET TO THE EAST LINE OF SAID LOT 3;THENCE SOUTH 28'01' 54"EAST ALONG
SAID EAST LINE,315.26 FEET;THENCE SOUTH 00°00'00"WEST,44.10 FEET TO SAID
SOUTH LINE;THENCE SOUTH 88°55'46"WEST ALONG SAID SOUTH LINE, 10.00 FEET
TO THE POINT OF BEGINNING AND CONTAINING 0.08 ACRES (3,596 S.F.).
o1524715-1\101e4-ow
2018-10143 01 11/07/2018 03:41:03 PM Page 5 of 10
Proof Of Publication In
THE AMES TRIBUNE
STATE OF IOWA, STORY COUNTY,ss.
I, Scott Anderson, on oath depose and say that
I am Publisher of THE AMES TRIBUNE,
a daily newspaper, published at Ames,
Story County, Iowa;that the annexed printed
AMES COMMUNITY SCHOOLS
Notice of Public Hearing
was published in said newspaper
1 time(s)on October 18, 2018
the last of said publication
was on the 18th day of October,2018
c�c0W AAArSOA,
i
t C� KIMBERLYNEL3EN
_Q�t�.x CommWonNumber780054
My Commisalon EXPkW May 19,2021
Notary Public
sworn to before me and subscribed in my
presence by Scott Anderson
this 18th day of October, 2018
AMT: $84.00
AD#: 1168244
ACCT: 33353
. " 2018-10143 01 11/07/2018 03:41:03 PM Page 6 of 10
dldon that certaln terms be
#31687A4 SANITARYSEWER changed,or the Board may defer
NOTICE OF PUBLIC HEARING EASEMENT DESCRIPTION: action onamor Oil of tile proaas-
ON A CONVEYANCE als until a subsequent meeting.
OF REAL PROPERTY A PART OF LOT 3 OF SOMERSET
SUBDMSION FIRST ADDITION,AN BOARD OF DIRECTORS,AMES
Notice Is hereby given that the OFFICIAL PLAT IN THE CRY OF COMMUNITY SCHOOL DISTRICT
Board of Directors of the Ames AMES,STORY COUNTY,IOWA AND
Community Sdmol District will BEING I0.O0 FEET ON EACH SIDE OF BY Christine Stenstand
hold a public hearing on the 39th THE FOLLOWING DESCRIBED CEN- Secretaryofthe
day of October at O6:30 P.M.In the TERUNE; Board of Directors
Board Roam located at the District
offices an the conveyance of an COMMENCING AT THE SOUTHEAST Published In the Ames Tribune on
Interest In real property,pursuant CORNER OF LOT 51 OF SOMERSET October 18.2018(1T)
to Iowa Code Sections 779.8 and SUBDIVISION SECOND ADDITION,
297.22. The real estate is legally BEING AN OFFICIAL PLAT:THENCE
described as fallows: SOUTH DO'32'03"EAST ALONG THE
WEST LINE OF SAID LOT 3 OF SOM-
WATER MAIN MET SUBDIVISION FIRST ADDF
EASEMENTOESCRIPTION: TION,29.5G FEET TO THE POINT OF
BEGINNING; THENCE NORTH
A PART OF LOT 3 OF SOMERSET 90'DO'00'FAST,7830 FEET TO THE
SUBDIVISION FIRST ADDITION,AN POINT OF TERMINUS. SAID EASE-
OFFICIAL PLAT IN THE CITY OF MENT CONTAINS 0.04 ACRES(1,578
AMES,STORY COUNTY,IOWA AND S.F.).
BEING DESCRIBED AS FOLLOWS:
ELECTRICAL
COMMENCING AT THE SOUTHEAST EASEMENTOESCRIPTION:
CORNER OF LOT 51 OF SOMERSET
SUBDIVISION SECOND ADDITION, A PART OF LOT 3 OF SOMERSEr
BEING AN OFFICIAL PLAT;THENCE SUBDIVISION FIRST ADDITION,AN
SOUTH 00-32'03"EAST ALONG THE OFFICIAL PLAT IN THE CITY OF
WEST LINE OF SAID LOTS OF SOM- AMES,STORY COUNTY,IOWA AND
ERSET SUBDIVISION FIRST ADDI- BEING DESCRIBED AS FOLLOWS:
TON,G88 FEET TO THE POINT OF
BEGINNING; THENCE NORTH COMMENCING AT THE SOUTH-
90'00'DO-EAST,268 FEET;THENCE WEST CORNER OF SAID LOT 3;
NORTH 00'OODO-EAST,Gm FEET; THENCE NORTH 88'SS78" EAST
THENCE NORTH 90'OODO' EAST, ALONG THE SOUTH LINE OF SAID
10.00 FEET; THENCE SOUTH LOT3.A DISTANCEOF IVA01 FEET
00'00'DO"EAST,6.00 FEET;THENCE TO THE POINT OF BEGINNING;
SOUTH 90-DO.00" EAST. 476.66 THENCE NORTH W'DO' 00- EAST,
FEET: THENCE SOUTH 75-15'36" 4L79 FEEh THENCE NORTH 28-01'
EAST,69A4 FEET,THENCE SOUTH 54" WEST, 318.08 FELT THENCE
00-DO'00"FAST 39A6 FEET;THENCE SOUTH 90'DO'00'EAST.11.33 FEET
NORTH 90'00'00" EAST 144.07 TO THE EAST LINE OF SAID LOT 3;
FEET; THENCE SOUTH 15'32'49" THENCE SOUTH 28'OL' 54" EAST
WEST,73.40 FEET;THENCE SOUTH ALONG SAID EAST LINE, 315.76
74*47-11" EAST. 87.04 FEET. FEET; THENCE SOUTH 00.00- W"
THENCE SOUTH 07.1TIt" EAST, WEST.4 10 FEET TO SAID SOUTH
277.97 FEET TO THE SOUTH LINE OF LINE; THENCE SOUTH 88.55' 46"
SAID LOT 3: THENCE SOUTH WEST ALONG SAID SOUTH LINE,
88'55'46" WEST ALONG SAID 10.00 FEET TO THE POINT OF BE-
SOUTH LINE, BIDS FEET:THENCE GINNING AND CONTAINING OA8
NORTH 07-17.11- WEST, 270.20 ACRES(3,596 S.F.).
FEET; THENCE NORTH 74'47'11'
WEST,98.58 FEET;THENCE NORTH At the time and Place set for the
15'12'49" EAST, 10.00 FEET public hearing,Interested Individ.
THENCE SOUTH 74.47`31" EAST, uals will be given the opportunity
Bu FEET; THENCE NORTH to express their vlevs.both orally
15'I2-49" FAST, 60M FEET; and In writing.on the following:
THENCE SOUTH 90-00'00" WEST, Proposal to convey an Interest
140.99 FEET; THENCE NORM In the above-described Promem
00.00.00" WEST, 41.75 FEET; to the City of Ames,Iowa for good
THENCE NORTH 75'1516" WEST, and valuable mrsslderatlon.
60.32 FEET: THENCE SOUTH The proposal may be sublect to
90'00'00" WEST. IU6 FEET: mnditlom as may be stated el-
THENCE SOUTH m'O000' WEST, Her In the provosal,the Resolu-
3000 FEET; THENCE SOUTH tion of the Board of Directors of
90-00'00" WEST, 10.00 FEET; the Ames Community School Dls-
TIENCE NORTH 00-00'00- WEST, trict. or documents entered Into
3Gm FEET; THENCE SOUTH between the parties.
90'011 WEST. 413.89 FEET TO A cam of the proposal may,be
THE WEST LINE OF SAID LOT 3; reviewed at the District adminis-
THENCE NORTH 00.32'03" WEST oative offices located at Zoos 24th
ALONG SAID WEST LINE 10.00 FEET Street.Ames,lava 50010
TO THE POINT OF BEGINNING AND After the Public hearing, the
CONTAINING 0.77 ACRES (11,656 Board may male a final detennl-
S.F.). nation to accept or reiect the pre-
Posed as submitted or won can-
2018-10143 01 11/07/2018 03:41:03 PM Page 7 of 10
Date: October 29,201 S
The Board of Directors of the Ames Community School District("District')met in open
session,in the Board Room at the District Offices located at Ames Community School District,
on the above date. There were present President Frandsen,in the chair, and the following Board
Directors:
Behnken.Bierbaum,Colton,Deardorff.Frandsen,Perez Rosser
Absent:
sssssss
The President announced that this was the time and place for the public hearing and
meeting on the matter of the proposed conveyance of an interest in real property, and that notice
of the proposed action had been published pursuant to the provisions of Section 297.22(t)of the
Code of Iowa.
Inquiry was made whether any written objections had been filed by any resident or
property owner of the District regarding the sale of such real property by the District. The
Secretary stated that no written objections had been filed. Oral objections to the sale of real
property were then called for and received and none were made. Whereupon,the President
declared the time for receiving oral and written objections to be closed.
(Attach here a summary of objections
received or made,if any)
2018-10143 01 11/07/2018 03:41:03 PM Page 8 of 10
Date: October 29,2018
The proposed action and the extent of objections thereto were then considered.
Director Deardorff introduced the following Resolution and moved that it be adopted.
Director Bierbaum seconded the motion to adopt. The roll was called and the vote was:
AYES: Behnken, Bierbaum. Colton,Deardorff, Frandsen,Perez,
Rosser
NAYS:
Whereupon,the President declared the resolution duly adopted as follows:
RESOLUTION FOR A CONVEYANCE OF REAL PROPERTY
WHEREAS,pursuant to notice published as required by law,the Board of Directors of
the Ames Community School District on the 29th day of October,2018,held a hearing on the
proposal to convey an interest in real property and the extent of objections received from
residents or property owners as to said proposed transaction has been fully considered; and,
accordingly the following action is now considered to be in the best interests of the District and
residents thereof:
NOW,THEREFORE,BE IT RESOLVED BY THE BOARD OF DIRECTORS OF THE
AMES COMMUNITY SCHOOL DISTRICT:
Section 1. That the real property described herein shall be conveyed by the District to the
City of Ames for good and valuable consideration. Conveyance by the District shall be by
Easement Agreements.
Section 2. The Board President and Secretary are authorized to sign all conveyance
documents for the real property described herein.
Section 3. The Board President, Secretary, Superintendent,and administrative officers of
the District are authorized to take all actions necessary to complete the above-described
transaction, including execution of ancillary documents.
Section 4. The real property is legally described as follows:
2018-10143 01 11/07/2018 03:41:03 PM Page 9 of 10
WATER MAIN EASEMENT:
A PART OF LOT 3 OF SOMERSET SUBDIVISION FIRST ADDITION, AN OFFICIAL
PLAT IN THE CITY OF AMES,STORY COUNTY,IOWA AND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 51 OF SOMERSET
SUBDIVISION SECOND ADDITION, BEING AN OFFICIAL PLAT; THENCE SOUTH
00032'03"EAST ALONG THE WEST LINE OF SAID LOT 3 OF SOMERSET SUBDIVISION
FIRST ADDITION, 6.88 FEET TO THE POINT OF BEGINNING;THENCE NORTH
90°00'00"EAST,2.68 FEET;THENCE NORTH 00°00'00" EAST,6.00 FEET;THENCE
NORTH 90000'00"EAST, 10.00 FEET; THENCE SOUTH 00-00-00" EAST, 6.00 FEET;
THENCE SOUTH 90000'00"EAST,426.66 FEET;THENCE SOUTH 75°15'36"EAST, 69.44
FEET; THENCE SOUTH 00°00'00" EAST 39.46 FEET; THENCE NORTH 90°00'00"EAST
144.07 FEET; THENCE SOUTH 15°12'49"WEST,73.40 FEET;THENCE SOUTH 74'47'11"
EAST, 87.04 FEET; THENCE SOUTH 0711711" EAST,277.97 FEET TO THE SOUTH LINE
OF SAID LOT 3;THENCE SOUTH 88°5546" WEST ALONG SAID SOUTH LINE, 10.06
FEET;THENCE NORTH 07117'11" WEST,270.20 FEET; THENCE NORTH 74°47'11"
WEST, 98.58 FEET;THENCE NORTH 15°12'49"EAST, 10.00 FEET; THENCE SOUTH
74-4711"EAST, 8.22 FEET;THENCE NORTH 15°12'49"EAST, 60.32 FEET;THENCE
SOUTH 90000'00"WEST, 140.99 FEET;THENCE NORTH 00°00'00" WEST,41.75 FEET;
THENCE NORTH 75015'36" WEST,60.32 FEET;THENCE SOUTH 90°00'00" WEST, 14.06
FEET; THENCE SOUT&00°00'00"WEST,30.00 FEET; THENCE SOUTH 90000'00"WEST,
10.00 FEET; THENCE NORTH 00°00'00"WEST, 30.00 FEET; THENCE SOUTH 90100'00"
WEST,413.89 FEET TO THE WEST LINE OF SAID LOT 3; THENCE NORTH 00032'03"
WEST ALONG SAID WEST LINE, 10.00 FEET TO THE POINT OF BEGINNING AND
CONTAINING 0.27 ACRES (11,656 S.F.).
SANITARY SEWER EASEMENT DESCRIPTION:
A PART OF LOT 3 OF SOMERSET SUBDIVISION FIRST ADDITION,AN OFFICIAL
PLAT IN THE CITY OF AMES, STORY COUNTY,IOWA AND BEING 10.00 FEET ON
EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF LOT 51 OF SOMERSET
SUBDIVISION SECOND ADDITION,BEING AN OFFICIAL PLAT; THENCE SOUTH
00032'03"EAST ALONG THE WEST LINE OF SAID LOT 3 OF SOMERSET SUBDIVISION
FIRST ADDITION,29.56 FEET TO THE POINT OF BEGINNING; THENCE NORTH
90°00'00"EAST,78.90 FEET TO THE POINT OF TERMINUS. SAID EASEMENT
CONTAINS 0.04 ACRES (1,578 S.F.).
2018-10143 01 11/07/2018 03:41:03 PM Page 10 of 10
ELECTRICAL EASEMENT DESCRIPTION:
A PART OF LOT 3 OF SOMERSET SUBDIVISION FIRST ADDITION, AN OFFICIAL
PLAT IN THE CITY OF AMES, STORY COUNTY,IOWA AND BEING DESCRIBED AS
FOLLOWS:
COMMENCING AT THE SOUTHWEST CORNER OF SAID LOT 3; THENCE NORTH
88A55'28" EAST ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 1064.01
FEET TO THE POINT OF BEGINNING;THENCE NORTH 00°00'00"EAST,41.79 FEET;
THENCE NORTH 28-01154" WEST,318.08 FEET;THENCE SOUTH 90°00'00"EAST,
11.33 FEET TO THE EAST LINE OF SAID LOT 3;THENCE SOUTH 28°01'54" EAST
ALONG SAID EAST LINE,315.26 FEET; THENCE SOUTH 00°00' 00" WEST,44.10 FEET
TO SAID SOUTH LINE; THENCE SOUTH 88°55'46"WEST ALONG SAID SOUTH LINE,
10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.08 ACRES(3,596 S.F.).
PASSED AND APPROVED,this 290i day of October,2018
AMES CO m
CHOOL DISTRICT
By:_ I i
Alisa Frandsen, ent
ATTEST:
3,�- 6, IKJ L-
Christine Stensland,Secretary
01524695-IN10164-NO