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HomeMy WebLinkAboutA015 - Certificate Regarding Special Assessments dated October 13, 1992 f CERTIFICATE REGARDING SPECIAL ASSESSMENTS This will certify that all special assessments which af- fect the property at 238 Alexander Avenue, same being legally described as follows: Lot 2 of the Ames Community Industrial Park Sub- division, Ames, Story County, Iowa, including, without limitation, those special assessments levied and assessed pursuant to the following documents: 1. Contract and Waiver - Alexander/Bell Avenue Project, same having been filed October 7, 1985, in Book 225, Page 281, including as a part thereof Resolution No. 85-200 (Book 225, Page 287) , Resolution No. 85-201 (Book 255 , Page 289) , Resolution No. 85-202 (Book 225, Page 292) , and Resolution No. 85-203 (Book 225, Page 294) , a copy of each of which is attached hereto as EXHIBIT A; 2 . Final Plat First Addition of W.G.G.C. Subdivision, Ames, Iowa, filed March 16, 1989, in Book 255, Page 234 , in- cluding as a part thereof Consent and Dedication (Book 255, Page 235) , Resolution No. 89-27 (Book 255, Page 240) , and Resolution 88-305 (Book 255 , Page 248) , a copy of each of which is attached hereto as EXHIBIT B; and 3 . Resolution Dividing Two Special Assessments Between Parcels of Land pertaining to Special Assessment Nos. 25203 and 25192 , said Resolution having been adopted at the Special City Council meeting held on October 2 , 1992 , a copy of which is attached hereto as EXHIBIT C; have been paid in full and all liens against the aforesaid property have been released in full. Dated October /u` , 1992 . CITY OF AM , IOWA By. d - Larry R Curtis, ayor EXHIBIT A City of Ames, Iowa, By F. Paul Contract and Waiver Coodland, Mayor and Attest By Nancy Gibbons, City Clerk (Seal Affixed) And Ford Street Development Co. , By Dated: August 20, 1985 Marvin Walter, Partner and By Filed: October 7, 1985 Richard T. Johnson, Partner; and Ames Computer Forms, Inc. , By Emmett Valline, President (No Seal) , Property Owners And Ames National Corporation, By Daniel L. Krieger, Secretary (No Seal) ; and First National Bank, Ames , Iowa, By Daniel L. Krieger, President (No Seal) , Lienholders Recorded in Book 225 Page 281 WHEREAS, each of the Property Owners is respectively the owner of the tracts of real estate set opposite their name; and, WHEREAS, the undersigned Property Owners desire that the public improvements (hereinafter referred to as the "Project") described in the Appendix hereto be accomplished; and, WHEREAS, such construction or repair will specifically benefit the respective properties of the property Owners ; and, WHEREAS, the City has the power to accomplish such Project and assess the cost thereof to the Property Owners pursuant to Chapter 384 of the Iowa code; and, WHEREAS, a proposed Schedule of Assessments has been prepared for the Project listing the proposed amount of assessments to be levied against the below listed properties for the Project; NOW, THEREFORE, BE IT AGREED AMONG THE PARTIES HERETO AS FOLLOWS: The Property Owners, City, and Lienholders, by execution of this Agreement, agree and intend that this agreement shall constitute a written contract as provided for in Section, 384.41 of the Iowa Code for a public improvement to be paid in whole by special assessments to be levied against the below listed properties of the undersigned Property Owners. FURTHER, it is understood and agreed that the costs of the project shall be financed by the issuance and sale of general obligation bonds of the city, payment of the principal and interest thereon and all costs of issuance, interim borrowing, legal fees, engineering, or whatever to be included in and fully abated by the aforesaid assessment as provided for therein. FURTHER, the City by execution of this Agreement, agrees, as soon as practicable to proceed to take any and all action required by Chapter 384 of the Iowa Code or any and all other actions required by law to be taken in order to complete the Project. FURTHER, each of the Property Owners, by execution of this Agreement: 1. Waives notice to Property Owners by publication and mailing as provided by Section 384.50 of the Iowa Code. 2. Waives the right to a hearing on the making of the improvement, the boundaries of the special assessment district, the cost of the Project, the assessment against any lot or the final adoption of the resolution of necessity as provided for in Section 384.51 of the Iowa code. 3. Consents to the adoption of a preliminary resolution, a plat, schedule of assessments and cost estimate, and resolution of necessity by the City for the Project. 4. Waives any objections to the Project, the boundaries of the district, the cost of the project, the valuation of any lot, the assessment against any lot, or the final adoption of the resolution of necessity. 5. Agrees that the amount and proportion of the cost of the construction or repair of the above-described improvement to be paid by the Property Owners, as ascertained and determined by the council of the city and as is set forth below, shall constitute assessments against the respective properties described in the attached appendix and that said assessments shall be paid by the undersigned property Owners within the time provided by law for the payment of special assessments for such improvement. The right to request determent for agricultural land is hereby waived. 6. Waives the limitation provided in Section 384. 62 of the Iowa code that an assessment may not exceed 25 percent of the value of his lot as defined in Section 384. 37 (5) of the Iowa Code. 7 . Waives notice to property Owners by publication and mailing as provided by Section 384.60 of the Iowa Code (relating to notice of certification to County Auditor of final schedule of assessments) . 8. Warrants that his real estate described below is free and clear of all liens and encumbrances other than for ordinary taxes , except for such liens as are held by the Lienholders hereinafter listed and designated as signatories of this Agreement. 9. Agrees to subordinate the sale of any part of his property listed below to the terms of this Agreement. 10. If the project on this agreement, or the assessment is declared in whole or in part invalid or beyond the city's authority, the parties agree to never the less pay the assessed amounts stated pursuant to this agreement. FURTHER, each of the Lienholders , by execution of this Agreement, individually: 1. Agrees and consents to the initiation of this public improvement as authorized by Section 384.41 (1) of the Iowa code in order that the special assessments for the cost of the project shall be liens on the below listed properties to the same extent as provided in Section 384.65(5) of the Iowa Code. 2. Agrees and consents that his lien or liens shall be junior and inferior to the lien of the assessment levied pursuant to this Agreement. 3. That all the foregoing covenants , agreements , waivers and consents shall be binding on and inure to the heirs, devises, executors, administrators , successors and assigns of any and all said lienholders. FURTHER, as provided by the second unnumbered paragraph of Section 384.61 Code of Iowa, if a Property Owner divides the property subject to assessment (as described in the appendix hereto) into two or more lots, and if the plan of division is approved by the City Council, the lien on the property assessed may be partially released and discharged, with respect to any such lot, by payment of the amount calculated as determined by the City Council. ATTACHMENT A (attached) RESOLUTION NO. 85-200 Preliminary resolution pursuant to Section 384.42 of the Iowa code over Alexander/Bell Avenue improvements project, 1985 . WHEREAS , it is deemed advisable that certain public improvements be constructed in the City in accordance with the provisions of Chapter 384 of the Code of Iowa; and, WHEREAS, there is a contract for assessment with the owners of property to be benefited pursuant to Section 384.41, the Code of Iowa; and, WHEREAS, the City has arranged for engineering services with the City's Engineering Department, in connection with the said improvement; NOW, THEREFORE, BE IT RESOLVED by the Council of Ames, Iowa: Section One. The following streets shall be improved as a single improvement and such improvement shall be located with terminal points and of materials and sizes as follows: Description of the Type and location of the Improvement: Sanitary Sewers : 1. Beginning at a point 128' south and 27 .5' east of the NW corner NE1/4 NW1/4 and running thence south 162' with 10" sanitary sewer pipe. 2. Beginning 210' north and 748.5' west of the NE corner of the NW1/4 NWl/4 Section 7 , T83N R23W and running thence south-east 212.6' , thence south 25' to a point on the north line of the NW1/4 NW1/4 said Section 7, 638 . 5' west of said NE corner, thence south 350' with 10" sanitary sewer pi , . . Water Mains: 1. Beginning at a point 610.5' west and 30' south of the NE corner NW1/4 NW1/4 Section 7, T83N R23W and running thence south 340' with 8" water main. 2. Beginning at a point 70' south and 55.5' east of the NW corner NE1/4 NW1/4 Section 7 , T83N R23W and running thence south 220' with 8" water main. Street Construction: 1. Beginning at a point 638.5' west and 12' south of the NE corner NW1/4 NW1/4 Section 7 , T83N R23W and running thence south 348' with 7" PCC pavement with curbs 41' back to back. 2. Beginning at a point 12' south and 27'5 east of the NW corner NE1/4 NW1/4 Section 7 T83N R23W and running thence south 273' with 7" PCC pavement with curbs 41' back to back. It is considered that the following described property will be benefited by this improvement and should be specially assessed: Beginning at a point 60' south of the NW corner NE1/4 NW1/4 Section 7, T83N, R23W and running thence south 72°17'45" east 112 .651 , thence south 89°15'20" east 754.6' , thence south 00'01' 15" west 173.551 , thence south 89°29'40" west 892.3' , thence south to the south line of said NE1/4 NW1/4 Section 7, thence west to a point 356. 5' east of the SW corner of the NW1/4 NW1/4 Section 7, T83N, R23W, thence north 07°39' east 145. 51 , thence north 26*57' east 83.9' , thence north 83*00' east 119.31 , thence north 00*18' east 623.1' , thence south 89°45' east 37 . 3, thence north 01*57' east 195.951 , thence north 89°17' west 6.7' , thence north 02*14' west 193.3' , thence east along the south R-O-W line of Lincoln Way to a point 598.5' west of the point of beginning, thence south 190' , thence east 5981 , thence north 1941 , thence east 12.5' to the point of beginning. Section 2. The Engineers are hereby ordered to prepare preliminary plans and specifications, an estimated total cost of the work and a plat and schedule and to file the same with the Clerk. Section 3. The improvement shall be known as Alexander/Bell Avenue Improvement Project, and shall be so referred to in all subsequent proceedings. Section 4. All resolutions , parts of resolutions, or actions of the council in conflict herewith are hereby repealed, to the extent of such conflict. Passed and approved this 23rd day of July, 1985. RESOLUTION NO. 85-201 (attached) Resolution approving and adopting preliminary plans and specifications , estimate of cost and plat and schedule, Alexander/Bell Avenue improvement project. WHEREAS , there is a contract for Assessment pursuant to Section 384.41 Code of Iowa; and, WHEREAS , this Council has adopted a preliminary resolution pursuant to Section 384.41 and 384.42 of the code of Iowa, covering the Alexander/Bell Avenue Improvement Project; and, WHEREAS, in accordance with such preliminary resolution, the Project Engineers have prepared preliminary plans and specifications, as estimated cost of the work and a plat and schedule, and have filed the same with the Clerk; and WHEREAS, this Council has determined the valuation of each lot proposed to be assessed for the Alexander/Bell Avenue Improvement Project and such valuations are now shown on the schedule, and this Council deems it advisable that the said preliminary plans and specifications, estimated cost of the work and plat and schedule should be approved; NOW, THEREFORE, BE IT RESOLVED by the Council of Ames, Iowa; Section 1. The preliminary plans and specifications referred to in the preamble hereof be and the same are hereby approved. Section 2. The plat, schedule, and the valuations as shown thereon and estimate of cost are hereby ratified and approved. Passes and approved this 23rd day of July, 1985 . See following page for attached plat picture. LEGAL DESCRIPTIONS (attached) Ford Street Development Co. : The NW Frl 1/4 of the NW1/4 of Section 7 in Township 83 North, Range 23 West of the 5th P.M. , Iowa, EXCEPT the East 40 feet thereof; and EXCEPT beginning 466.93 Feet East and 67 Feet South of the NW Corner of Section 7 , Township 83 North, Range 23 West of the 5th P.M. , Iowa, thence South 2°01' West 383.4 Feet, thence South 89*45' East 80.9 Feet, thence South 0*18' West 623.1 Feet, thence South 83*00' West 119. 3 Feet, thence South 26*57' West 83.9 Feet, thence South 7*39' West 145 .5 Feet, thence South 89*46' West 92.5 Feet, thence North 0*02' East 542.4 Feet, thence South 89*51' West 231 Feet, thence West 33 Feet, thence North 631.8 Feet, thence East 33 Feet, thence North 44*32' East 124.3 Feet, thence South 75*18' East 163. 3 Feet, thence South 89°21' East 100 Feet, thence North 69*03' East 53.9 Feet, thence North 87*24, East 39.45 Feet to the point of beginning, and EXCEPT beginning 60 feet south and 27.5 feet west of the NE Corner of the NW1/4 NW1/4 Section 7, T83N, R23 W and running thence south 194 feet, thence west 598 feet, thence south 110 feet, thence west 80 feet, thence north 300 feet, thence east 666 feet to the point of beginning, except road right of ways. Ames Computer Forms , Inc. : The North 3.668 acres of the NE1/4 of the NW1/4 of Section 7 , T83N, R23 W of the 5th P.M. , except road right of way. RESOLUTION NO. 85-202 (attached) RESOLUTION OF NECESSITY WHEREAS , there is a contract for assessment pursuant to Section 384.41 of the Code of Iowa; and WHEREAS, the Council has adopted a preliminary resolution is accordance with Section 384.41 and 384.42 of the Code of Iowa, covering Alexander/Bell Avenue Improvements Project, and WHEREAS, pursuant thereto, the Project Engineers have prepared preliminary plans and specifications, and estimated total cost of the work and a plat and schedule, including the valuation of each lot as determined by this Council, and the same have been duly adopted and are now on file with the Clerk; BE IT RESOLVED by the Council of Ames , Iowa: • Section 1. It is hereby found and determined to be necessary and for the best interest of the City and its inhabitants to proceed with the aforementioned Alexander/Bell Avenue improvements Project and to assess the cost or a portion thereof to the property benefited thereby. ASSESSPAENT ` BOUNDARY.. f a__ �•�4_ t t � l nGGC S�6C�,ISI�N l ; ASSESSMCNT BOUNDARY Co.-ITEM NLN!I«E R MA"s NE Iio NW24 .V4 SEC. 7 i O I I I l I I .���_ IN1E QSTATE 5*1 Section 2. The Alexander/Bell Avenue Improvements Project shall constitute a single improvement and shall consist generally of the construction of the Alexander/Bell Avenue Improvements Project previously adopted by this Council, which resolution is hereby referred to for a more complete description of the located and terminal points of the Alexander/Bell Avenue Improvements Project and the property benefited thereby and proposed to be assessed to pay the cost or a portion of the cost of Alexander/Bell Avenue Improvements Project. Section 3. It is hereby found and determined that there is now on file in the office of the Clerk an estimated total cost of the proposed work and a preliminary plat and schedule showing the amount proposed to be assessed to each lot per agreement by reason of such Improvement Project. Passed and approved this 23rd day of July, 1985. RESOLUTION NO. 85-203 (attached) Resolution to provide for a notice of hearing on proposed plans and specifications and proposed form of contract for the Alexander/Bell Avenue improvements project, utilities section; and, the taking of bids therefore. WHEREAS, the Ames City Council has determined that it is necessary and desirable that a public improvement be construction as described in the proposed plans and specifications and form of contract prepared by the city's engineers, which proposed plans, specifications and form of contract are on file with the City Clerk and which public improvement may be hereafter referred to as the Alexander/Bell Avenues Improvement Project Utilities Section; and, WHEREAS , it is necessary to fix a time and place public hearing on the proposed plans, specifications and form of contract and estimated cost for the said project and to advertise for sealed bids for the project; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ames, Iowa, as follows: Section 1. That the said project is necessary and desirable for the City and it is in the best interest of the City to proceed toward the construction of the project. Section 2. That the City Council will hold a hearing on the plans, specifications and contract as aforesaid on August 20 at 7:30 p.m. in the Council Changers at Main and Pearle Streets, Ames, Iowa. Section 3. Sealed bids shall be received by the City in accordance with the procedures and terms set out in the Notice of Public Hearing and to Bidders attached hereto and by reference made a part hereof on August 14, and be reported to the City Council at the meeting of august 20. Section 4. The City Clerk shall cause said notice to be published as required by law. Adopted this 23rd day of July, 1985. L EXHIBIT B Ford Street Development Company Platting By: Dayton Road Development Corporation an Iowa corporation and one its two partners By: Marvin J. Walter, President By: Donald H. Geiger, Secretary (Corp. Seal) And By: JPR Partnership, Ltd. , an Iowa general partnership, and one of its two partners Dated By: Richard T. Johnson, a partner Filed March 16, 1989 By: Dean D. Porath, a partner By: Norman Riis, a partner To First Addition of W.G.G.C. Subdivision, Ames, Iowa Recorded Book 255, Page 234 "Ford Street Development Company by its partners states and warrants that it is the lawful owner of the following described real estate: Commencing at the Northwest Corner of Section 7, Township 83 North, Range 23 West of the 5th P.M. , Story County, Iowa; thence North 89*32,41" East along the North line of said Section 7, a distance of 582.03 feet; thence South 2`30,32" East, 61.87 feet to the point of beginning on the South Right- of-way of East Lincoln Way; thence North 85*49,17" East, 21.85 feet along said Right-of-way; thence South 89*38,49" East, 292.50 feet along said Right- of-way; thence Easterly along said Right-of-way, 223.62 feet on a 42,602 foot radius curve, concave Northerly and tangent to the previous course; said curve having a delta angle of 0°18103"; thence South 1°34'13" West, 195.50 feet; thence North 89*0146" East, 297.34 feet; thence South 4*19,28" West, 153.18 feet; thence South 89*32,25" West, 289.86 feet; thence South 1*34,13" West, 38.93 feet; thence North 88°25'47" West, 80.00 feet; thence South 89°13'48" West, 437.97 feet; thence North 1°43'34" East, 195.79 feet; thence North 88*19,33" West, 6.90 feet; thence North 2`30'32" West 193.23 feet to the point of beginning. Ford Street Development Company acknowledges and declares that the subdividing of the real estate as it appears on the survey plat is done with its free consent and in accordance with its desire as owner and proprietor; the name of the subdivision is First Addition of W.G.G.0 Subdivision, Ames, Iowa. Ford Street Development Company By: Dayton Road Development And By: JPR Partnership, Ltd. , Corporation, an Iowa corporation an Iowa general partnership, and one of its two partners and one of its two partners By: Marvin J. Walter, By: Richard T. Johnson, President a partner By: Donald H. Geiger, By: Dean D. Porath, Secretary a partner (Corp. Seal) By: Norman Riis a partner" (Duly Acknowledged) M Imo.Y.�.� .� !'i?,��t•v. �• , J z t• C o n R >y N IG•K,io �JJ, a yl`� •y A�00 y:9UA w V�eQt 0 u x a y "$ AI.EXANDER 6 j AVENUE 7 �t,aor Mv1 1 A v n00 t LZ 'O Vy C ! t Q w e� INST.No. D �y STORY COUNTY ,O—W o FILED FOR RECORD • 5 MAR 16 1989 pm ? SUSAN L VANDE Record' AMP Recorder 9 Fee 3 Auditor's Fee 3 tpTrb � Ec ; ps r 4 0 it L �xx � _ En O A t' a O•t7 RQ�e Y r Y Y Y Q A � B 1 77 7 1^ BOOK-@65PAGE� "RESOLUTION NO. 88-305 ACCEPTING THE PLAT OF FIRST ADDITION OF W.G.G.0 SUBDIVISION, AMES, IOWA WHEREAS, there has been submitted to the City Council of the City of Ames, Iowa, a plat of the land described below and designated as 'First Addition of W.G.G.0 Subdivision, Ames, Iowa. WHEREAS, the Conceptual Development Plan for the plat has been submitted to the Planning and Zoning Commission as required by law and has been returned to the City Council with the recommendations of the Planning and Zoning Commission, and it was approved by the City Council. WHEREAS, the Administrative Plat has been filed and approved by the staff of the City of Ames. WHEREAS, the owners of the real estate, have executed and duly acknowledged an instrument consenting to the plat. WHEREAS, it now appears that the owners of the real estate have complied with all of the requirements of Chapter 409 of the Code of Iowa and the platting ordinance of the City of Ames with respect to the platting of the real estate. NOW, THEREFORE, BE IT RESOLVED that the City of Ames, Iowa, does hereby accept and approve the plat of First Addition of W.G.G.0 Subdivision, Ames, Iowa, including the real estate described as follows: commencing at the Northwest Corner of Section 7, Township 83 North, Range 23 West of the 5th P.M. , Story County, Iowa; thence North 89*32,41" East along the North line of said Section 7, a distance of 582.03 feet; thence South 2'30'32" East, 61.87 feet to the point of beginning on the South Right- of-way of East Lincoln Way; thence North 85'49'17" East, 21.85 feet along said Right-of-way; thence South 89'38'49" East, 292.50 feet along said Right- of-way; thence Easterly along said Right-of-way, 223.62 feet on a 42,602 foot radius curve, concave Northerly and tangent to the previous course; said curve having a delta angle of 0*18,03"; thence South 1*34.13" West, 195.50 feet; thence North 89*014611 East, 297.34 feet; thence South 4*19,28" West, 153.18 feet; thence South 89'32125" West, 289.86 feet; thence South 1*34,13" West, 38.93 feet; thence North 88'25'47" West, 80.00 feet; thence South 89*13,48" West, 437.97 feet; thence North 1°43'34" East, 195.79 feet; thence North 88*19,33" West, 6.90 feet; thence North 2*30,32" West 193.23 feet to the point of beginning. BE IT FURTHER RESOLVED that the Mayor and City Clerk of the City of Ames, Iowa, are hereby authorized and directed to certify and affix to the plat a true copy of this resolution. ADOPTED this 27th day of September, 1988. F. PAIIL GOODLAND, Mayor Nancy Dionigi, City Clerk (Seal) RECORD OF VOTE Moved by Parks, seconded by Brown that Resolution No. 88-305 be adopted. Voting Aye: Brown, Campbell, Curtis, Hoffman, Parks, Thurston Voting Nay: None Absent: None The Mayor declared said Resolution adopted. CERTIFICATION We, the duly appointed, qualified and acting City Clerk of the City of Ames, Iowa, and the duly elected, qualified and acting Mayor of the City of Ames, Iowa, certify that the above and foregoing resolution is a true and exact copy of the resolution; that the resolution was duly adopted by the City Council of the City of Ames, Iowa, at a regular meeting thereof on the date shown therein. F. PAUL GOODLAND, Mayor (Seal) NANCY DIONIGI, City Clerk"