HomeMy WebLinkAboutAtt 1 ACSD Tennis Court Easements [Matter No. 2830-0268]
I -`s Victoria Feilmeyer to: Diane R Voss 11/13/2018 04:40 PM
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.
Ames Completed Resolution(01538608x7F7E1).PDF
CITY OF
.a . Ames,"
Victoria A. Feilmeyer
Assistant City Attorney
515.239.5146 main 1515.239.5142fax
vfeilmeyer@city.ames.ia.us I City Hall,515 Clark Avenue i Ames, IA 50010
www.CitvofAmes.org " Caring People-Quality Programs-Exceptional Service
Instrument U: 201a-10143
11/07/201B 03:41:03 PM Total Pages: 10
01 OTHER AFFIDAVIT NONTRRNSFER
Recording Fad: Recorder, Story County Iowa
Record 52.00
Stacie
mill Irs, lift%F1111WAIV,14M 11111
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 fiunished 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 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
uv< o4�r 2018
Notary Public
Commission Expires: i7 ao19
61
O CpppL HUN nber 763
F Commission Number lm
My Commission E�ires
O1 June 17, 2019
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
00032103"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.).
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 90-00-00" EAST,426.66 FEET;THENCE SOUTH 75°15'36"EAST,69.44 FEET;
THENCE SOUTH 00000'00" EAST 39A6 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 8805546"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 74'47'11"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 90100100"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.).
2018-10143 01 11/07/2018 03:41:03 PM Page 4 of 10
ELECTRIC FACILITIES 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 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 28001'54"WEST,318.08 FEET;THENCE SOUTH 90°00'00"EAST, 11.33
FEET TO THE EAST LINE OF SAID LOT 3;THENCE SOUTH 28101'54"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.).
01524715aaoI.64-000
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
15eQ� AAArSOA,
La�+y a KIMBERLYNELSEN
RCAF CommiselonNumber790054
My Commiselon EX088 May 1e,2021
Notary Public
swam 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
dlUon that certain terms be
R3161244 SANITARYSEWER changed,or the Board may defer
NOTTCE0FPUBUCBEAMNO EASEMENT DESCRIPTION: action on any orellOf the propos-
ON A CONVEYANCE als until asubseauem meeting.
OFREALPROPERTY A PART OF LOT 3 OF SOMERSET
SUBDIVISION FIRST ADDITION.AN BOARD OF DIRECTORS,AMES
Notice Is hereby given that the OFFICIAL PLAT IN THE CITY OF COMMUNITY SCHOOL DISTRICT
Board of Directors of the Ames AMES.STORY COUNTY,IOWA AND
Community School District will BEING 10.0O FEET ON EACH SIDE OF By Christine Sternland
hold a Public hearing an the 29M THE FOLLOWING DESCRIBED CEN- Secreteryofthe
day of October at 06:30 P.M.In the TERLINE: Board of Olrectors
Board Room located tthe District
offices on 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 279.8 and SUBDIVISION SECOND ADDITION.
297.22. The real estate Is legally BEING AN OFFICIAL PLAT;THENCE
described as follows; SOUTH OD"32'03"EAST ALONG THE
WEST LINE OF SAID LOT3 OF SOM-
WATER MAIN ERSET SUBDIVISION FIRST ADDI-
EASEMENT10ESCRIPTION TION,2956 FEETTO THE POINT OF
BEGINNING THENCE NORTH
A PART OF LOT 3 OF SOMERSET 90 OD'OO-EAST,7890 FEET TO THE
SUBDIVISION FIRST ADDITION,AN POINT OF TERMINUS. SAID EASE-
OFFICIAL PLAT IN THE CITY OF MENT CONTAINS 0.04 ACRES(1578
AMES,STORY COUNTY,IOWA AND S.F.).
BEING DESCRIBED AS FOLLOWS:
ELECTRICAL
COMMENCING AT THE SOUTHEAST EASEMENT DESCRIPTION:
CORNER OF LOT 51 OF SOMERSET -
SUBDIVISION SECOND ADDITION, A PART OF LOT 3 OF SOMERSET
BEING AN OFFICIAL PLAT;THENCE SUBDIVISION FIRST ADDITION,AN
SOUTH 0032403"EAST ALONG THE OFFICIAL PLAT IN THE CITY OF
WESTLINE0FSAID LOT30FSOM- AMES,STORY COUNTY,IOWA AND
ERSET SUBDIVISION FIRST ADDI- BEING DESCRIBED AS FOLLOWS:
TION,&SS FEET TO THE POINT OF
BEGINNING; THENCE NORTH COMMENCING AT THE SOUTH-
90•00'00"EAST,2.68 FELT;THENCE WEST CORNER OF SAID LOT 3;
NORTH 00'00'00'EAST,SOD FEET; THENCE NORTH 88'55'2B' EAST
THENCE NORTH 90'00'00' EAST. ALONG THE SOUTH LINE OF SAID
ID.00 FEET; THENCE SOUTH LOT3,A DMIANCE OF 1064A1 FEET
00'00'00-EAST,6.00 FEET;THENCE TO THE POINT OF BEGINNING;
SOUTH 90'O0'00' EAST, 426.56 THENCE MOM 00.00' DO- EAST.
FEET, THENCE SOUTH 75-15-36" 41.79 FEET;THENCE NORTH 28'O1'
EAST,69.44 FEET;THENCE SOUTH SC WEST, 318.08 FEET; THENCE
008DO100"FAST 39A6 FEET;THENCE SOUTH 90'00'DO'EAST,11.33 FEET
NORTH 90-00'00" EAST 1"D7 TO THE EAST LINE OF SAID LOT 3;
FEET; THENCE SOUTH 15'32'49" THENCE SOUTH 28.01' 54" EAST
WEST,73.40 FEET;THENCE SOUTH ALONG SAID EAST LINE, 31526
74-47'11" EAST, 87.04 FEET; FEET: THENCE SOUTH 00'00' DO-
THENCE SOUTH 07'17'11" EAST, WEST,44.10 FEET TO SAID SOUTH
277.97 FEET TOTHE S0UTH LINE OF LINE; THENCE SOUTH BeS5' 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, 10.06 FEET;THENCE GINNING AND CONTAINING 0.08
NORTH 07'17'11" WEST, 2702D ACRES(3S96 S.F.). '
FEET; THENCE NORTH 74'47'11'
WEST,98.58 FEET;THENCE NORTH At the tlme and plead set torthe
W12'49" EAST, 10.00 FEET; Public hearlm.Interested Individ.
THENCE SOUTH T4'4P11" EAST. Oats will be given the opportunity
8.22 FEET; THENCE NORTH to¢sprees their vlews,bath orally
IS'1249" EAST, W32 FEET; and In w 1tro.Dn the col lowing:
THENCE SOUTH 90"00'00" WEST, Proposal to convey an interest
140.99 FEET; THENCE NORTH In the above-described Property
00-00'00" WEST, 41.75 FEET; to the City of Ames,Iowa for good
THENCE NORTH 75'1576" WEST, and valuable consideration.
6032 FEET; THENCE SOUTH The Proposal may be sublect to
90'00'00" WEST, 14.06 FEET; conditions As may be stated el-
THENCE SOUTH 00'00'00" WEST, the,M Me proposal,the Resolu-
MOD FEET; THENCE SOUTH Uon of the Board Of Directors of
90'00'00" WEST, 10.00 FEE-, the Areas Community School Ois.
THENCE NORTH 00'0D'00" WEST, trlct. or documents entered Into
30.00 FEET; THENCE SOUTH between the parties.
90"00'00" WEST, 413.89 FEET TO A copy of the proposal may be
THE WEST LINE OF SAID LOT 3; reviewed at the District admints-
THENCE NORTH W 32'03" WEST trativeofOces located W200524M
ALONG SAID WEST LINE I0.00 FEET StreeLAmes,lowa SD010
TO THE POINT OF BEGINNING AND After the Public hearing, the
CONTAINING 0.27 ACRES (11.656 Board may make a final deterrnl-
S.F.). nation to accept or reject the Pro-
posal As submitted.or upon con-
2018-10143 01 11/07/2018 03:41:03 PM Page 7 of 10
Date: October 29,2018
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:
i
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(1)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 291'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 90°00100" EAST, 10.00 FEET; THENCE SOUTH 00000'00"EAST 6.00 FEET;
THENCE SOUTH 90000'00"EAST,426.66 FEET;THENCE SOUTH 75°15'36"EAST 69.44
4
FEET; THENCE SOUTH 00"00'00" EAST 39.46 FEET; THENCE NORTH 90000'00"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 8805546" WEST ALONG SAID SOUTH LINE, 10.06
FEET;THENCE NORTH 07°17'11" WEST,270.20 FEET; THENCE NORTH 74047'11"
WEST,98.58 FEET; THENCE NORTH 15°12'49" EAST, 10.00 FEET; THENCE SOUTH
7404711"EAST, 8.22 FEET; THENCE NORTH 15"12'49"EAST, 60.32 FEET; THENCE
SOUTH 90000'00" WEST, 140.99 FEET;THENCE NORTH 00000100" WEST,41.75 FEET;
THENCE NORTH 75015136" WEST, 60.32 FEET; THENCE SOUTH 90"00'00" WEST, 14.06
FEET; THENCE SOUTI+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 90000'00"
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.).
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
90000'00"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
88^55'28" 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 28001'54" WEST,318.08 FEET;THENCE SOUTH 90000'00"EAST,
11.33 FEET TO THE EAST LINE OF SAID LOT 3;THENCE SOUTH 28001'S4"EAST
ALONG SAID EAST LINE,315.26 FEET; THENCE SOUTH 00000' 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 291h day of October,2018
AM7Qent
CHOOL DISTRICT
By:
Ali
ATTEST:
Christine Stensland,Secretary
01524695-1%m(6a-000