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Home My WebLink AboutA014 - First Supplemental Declaration of Submission of Property to Horizontal Property Regime dated March 2, 1998 RE - RECORDED gg-03443 STORY COUNTY, IOW NO qs- 02545 FILED FOR RECORD QRY COUNTY, IOWA-- Aof MAR 2 3 1998 PI D FOR REC D!7o�� c MA 0 3 98 RE - RECORDED KM L VANE KWP,Asoo V X� R�CO(d V Fee SIJ8AN L V t ✓ F Auks Foe ee$ R�iurn fa: (er,v) Fee$ Prepared by Barry J. Nadler, 105 S. 16th Street, Suite B, Ames, IA 50010; 515-232-4224, ext. 27 FIRST SUPPLEMENTAL DECLARATION OF SUBMISSION OF PROPERTY TO HORIZONTAL PROPERTY REGIME FOR WESSEX CONDOMINIUMS AMES, IOWA Pursuant to the provisions of Chapter 499B and pursuant to the provisions of Article IX of the Declaration of Submission to Horizontal Property Regime for Wessex Condominiums, Ames, Iowa, dated July 23, 1997, filed January 6, 1998 as Instrument No. 98-00183 (the "Initial . Declaration"), the Developer, Dayton Park, L.L.C., does hereby submit this First Supplemental Declaration to the Initial Declaration and states that only the property designated in Exhibit "A" attached hereto is'held pursuant to the conditions set out in the Initial Declaration and this supplement thereto, and not the entire property described in the Initial Declaration, and the Developer does submit the following additional declaration as follows: ARTICLE I DEFINITIONS The following definition is added to Article I of the Initial Declaration: 10. "Developer", as used in the Initial Declaration, as well as this supplement, shall mean "Dayton Park, L.L.C." ARTICLE II DESCRIPTION OF BUILDING AND THE NUMBER OF APARTMENTS 1. That the first page of Exhibit "A" attached to the Initial Declaration and recorded as Page 98-00183(14) is replaced by Exhibit "A", attached hereto and by this reference made a part hereof. 2. That paragraph 6 of Article II is hereby stricken and replaced by the following: 6. Undivided Fractional Interest. The fractional or percentage interest which each apartment bears to the entire regime is 1/36th. ARTICLE III DEVELOPER'S RESERVED RIGHTS AND POWERS 1. Paragraph 3 of Article III in the Initial 'Declaration'is hereby stricken and replaced by the following: -- -37 Construction of Apartments. The construction of apartments- shall - — - - shall be in accordance with the teens of this Declaration and the plans and exhibits attached hereto except that variations therefrom or adjustments of an insubstantial character not meaningfully; prejudicial to the rights of owners of completed apartments being constructed is permitted and shall not constitute an amendment of this Declaration and each owner agrees to accept his apartment in substantial compliance to such plans and exhibits. By their signatures below, the President and Secretary of the association do hereby certify that the amendment to the Initial Declaration as reflected herein has been duly adopted and shall be effective when recorded in the office of the Recorder of Story County, Iowa. IN WITNESS WHEREOF, this First Supplemental Declaration of Condominium is executed on this day of , 1998. DAYTON PARK, L.L.C. By: can E. Hunziker, nager WESSEX CONDOMINIUMS By: Y can E. Hunziker, President/Secretary STATE OF IOWA ) ) ss: COUNTY OF STORY ) On this24d day of�?G1c 4 1998, before me, a Notary Public in and for the State of Iowa, personally appeared Dean E. Hunziker, to me personally known, who being by me duly sworn did say that he is the Manager of Dayton Park, L.L.C., and that said instrument was signed on behalf of Dayton Park, L.L.C., by authority of its managers, and Dean E. Hunziker acknowledged the execution of said instrument to be the voluntary act and deed of Dayton Park, L.L.C., by it and by him voluntarily executed. J.' AQLr y _....-.r MYCOh1611SSION.EXPIRES Notary Public in and for the State of Iowa STATE OF IOWA ) ss: COUNTY OF STORY ) On this 7..401 day of-9 , 1998, before me, a Notary Public in and for the State of Iowa, personally appeared Dean E. Hunziker, to me personally known, who being by-me duly sworn did say that he is the President and Secretary of Wessex-Condominiums-and that said instrument was signed on behalf of Wessex Condominiums by authority of its Board of Directors and that Dean E. Hunziker acknowledged the execution of said instrument to . be the voluntary act and deed of Wessex Condominiums, by it and by him voluntarily executed. Ll Notary u is in and for the State of Iowa MY = I:=�ss 2 RE.-REC0RDCU EXHIBIT "A" JOEL R. ROMEY BISHOP ENGINEERING CO., INC. 3501 104th STREET DES MOINES, IOWA 50322 PH. (515) 276-0467 D Q OF LEGEND: . co"j-- U R V E Y INDICATES SECTION CORNER - FOUND AS NOTED PROPRIETOR: SITE ADDRESS: • INDICATES LOT CORNER - FOUND IRON PIPE 3005 ELWOOD DRIVE O INDICATES LOT CORNER - SET IRON PIPE DAYTON PARK, LLC 105 S. 16th STREET NE. COR SE.1/4-SE.1/4 NW. coR. FAST 32 ACRES AMES, IOWA 50010 16-83-24 SE.1/4-SE.1/4 S£C.16-83-24 SECTION FOUND IRON /PE IP . FOUND IRON P/PIPE' P 1065.79' b N894441'E o 50.0' OAKWOOD LOT B 1015.81' ROAD h NORTH LINE OF LOT 1 NW. CORNER LOT 1 NE. CORNER LOT 1 FOUND IRON PIPE FOUND IRON PIPE PROPERTY DESCRIPTIONS: PARCEL "C" �h AN IRREGULARLY SHAPED PORTION OF LOT 1 IN WESSEX ^ SUBDIVISION, AMES, STORY COUNTY, IOWA MORE ACCURATELY NZI DESCRIBED AS: N COMMENCING-AT THE NORTHEAST CORNER OF LOT 1 IN WESSEX SUBDIVISION, AN OFFICIAL OLAT, AMES STORY COUNTY, IOWA; THENCE, S002-01'51"E ALONG THE EAST LINE OF SAID LOT 1, A N90'00'00"E DISTANCE OF 271.81 FEET TO THE POINT OF BEGINNING; THENCE 173.11' CONTINUING SOO!01'51"E ALONG THE EAST LINE OF SAID LOT 1, W A.DISTANCE OF 563.46 FEET; THENCE, N90-200'06"W, A DISTANCE Lu OF. 120.14 FEET; THENCE WESTERLY ALONG A 645.79 RADIUS CURVE CONCAVE NORTHERLY, A DISTANCE OF 192.50 FEET, SAID CURVE HAVING A CHORD BEARING OF N81°27'38"W AND A CHORD LENGTH G OF 191.79 FEET; THENCE, N17101'46"E, A DISTANCE OF 25.00 FEET; THENCE EASTERLY ALONG A 233.65 FEET RADIUS CURVE CONCAVE p NORTHERLY, A DISTANCE OF 14.87 FEET, SAID CURVE HAVING A p N CHORD BEARING OF S75-9-22'31"E AND A CHORD LENGTH OF 14.87 p N Q FEET; THENCE, N00°00'00"E, A DISTANCE OF 292.35 FEET; THENCE Z N90 EOO'00"E, A DISTANCE OF 114.68 FEET; THENCE, N00200'00"E, o A DISTANCE OF 222.47 FEET; THENCE, N90°00'00"E, A DISTANCE N90'00 00" OF 173.11 FEET TO THE POINT OF BEGINNING. 114.68' o a SAID TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITH ANY J AND ALL EASEMENTS OF RECORD. p SAID TRACT OF LAND CONTAINS 3.121 ACRES MORE OR LESS. h �N L' PARCEL "D" PARCEL p 784 ACRES (�25. p PARCEL "Cr QN 11v1' p^ to Z Z AN IRREGULARLY SHAPED PORTION OF LOT 1 IN WESSEX 3.121 ACRES j SUBDIVISION, AMES, STORY COUNTY, IOWA MORE ACCURATELY S7522'31 E DESCRIBED AS: L&CH=14.87' BEGINNING AT THE NORTHEAST CORNER OF LOT 1 IN WESSEX R=233.65' O W SUBDIVISION, AN OFFICIAL OLAT, AMES STORY COUNTY, IOWA; 3 THENCE, SOOs01'51"E ALONG THE EAST LINE OF SAID LOT 1, A DISTANCE OF 271.81 FEET; THENCE, S90200'00"W, A DISTANCE OF 173.11 FEET; THENCE, S00 SOWOC"W, A DISTANCE OF 222.47 FEET; pl -j THENCE, S90200'00"W, A DISTANCE OF 114.68 FEET; THENCE, W -4 S00200'00"W, A DISTANCE OF 292.35 FEET; THENCE WESTERLY '� ALONG A 223.65 FEET RADIUS CURVE CONCAVE NORTHERLY, A L y92 p'9, 120.14 09 DISTANCE OF 14.87 FEET, SAID CURVE HAVING A CHORD BEARING 0'H-'r91g. N90100 00"W :� U OF N75°22'31"W AND A CHORD LENGTH OF 14.87 FEET; THENCE, H81278.K, O �w S17°01'46"W, A DISTANCE OF 25.00 FEET; THENCE EASTERLY ALONG A 645.79 RADIUS CURVE CONCAVE NORTHERLY, A DISTANCE OF 192.50 FEET, SAID CURVE HAVING A CHORD BEARING OF a��aa�nu�nu N 1 D N11717j' 1 S81�27'38"E AND A CHORD LENGTH OF 191.79 FEET; THENCE, �```�O O•V.'...."�5��i�f� S90°00'00"E, A DISTANCE.OF 120.14 FEET TO THE EAST LINE OF ' .' SAID LOT 1; THENCE, S002-01'51"E ALONG THE EAST LINE OF SAID CO •• '' LOT 1, A DISTANCE OF 148.64 FEET; THENCE, S32s29'43"W, ALONG �2:� •:�� / THE EASTERLY LINE OF SAID LOT 1. A DISTANCE OF 336.18 FEET W: JOEL R. TO THE SOUTH LINE OF SAID LOT 1; THENCE, N89°51'33"W ALONG Ui ROMEY :0= THE SOUTH LINE OF SAID LOT, A DISTANCE OF 835.72 FEET TO THE ;: 12971I �ME0� v SOUTHWEST CORNER OF SAID LOT 1; THENCE, N00200'02"W ALONG THE WEST LINE OF SAID LOT 1, A DISTANCE OF 1260.87 FEET TO '•� ; �, THE NORTHWEST CORNER OF SAID LOT 1; THENCE, N89244'41"E '•��••� v4 ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 1015.81 { N FEET-TO-THE POINT-OF-BEGINNING. SAID TRACT OF LAND BEING SUBJECT TO AND TOGETHER WITH ANY 5 AND ALL EASEMENTS OF RECORD. �cb �' • r SAID TRACT OF LAND CONTAINS 25.784 ACRES MORE OR LESS. SOUTH UNE OF LOT 1 �pQ� ` CORNER LOT 1 835.72' S 230 76' W. N8951 J-rW /SE. CORNER FOUND IRON PIPE BAR SCALE � 0 50 100 200 SEC77ON 16-83-24 FOUND IRON PIPE 25 75 150 300 • I HEREBY CERTIFY THAT I HAVE SURVEYED FOR AND PREPARED THESE PLANS: THAT SAID SURVEYS Wiz4ap T.En ine-pI inn Q9jam a n g AN DPSUNRVEARE CORRECT TO THE IN THE STATE OF IOWA.� OF MY KNOWLEDGE;RENEWAL DATE: 31 DECY LICENSED REG. 1 S '98_ 3501 1004 iMrPPt BY: JOEL.R. ROMEY DATE: 3 V. 1998 1 Des Moines, Sown SCALE_ 1-155' SIGNED: FOR: D4YID'N PARK, LLC PH: (515) 275 040