HomeMy WebLinkAboutA003 - Council Action Form dated November 4, 1986 s
ITEM #: /� Q
DATE: 11/04/86
COUNCIL ACTION FORM
SUBJECT: Resolution Approving the Conceptual Development Plan of Westwood
Village
BACKGROUND:
Mr. Karol Kocimski is requesting an approval of a Conceptual Development Plan
for the property known as Westwood Village. This plan proposes to create a
total of six lots. Lots 1 and 2 will be single family lots, Lot 3 is proposed
to contain an eight unit townhouse complex, Lot 4 contains the existing 15
unit and 10 unit apartment complex and Lot 5 and Outlot A (to be numbered Lot
6) contains the existing old apartment structure.
The total area of this Conceptual Development Plan (CDP) includes 7.85 acres
and is currently zoned R-1 and R-2 PUD.
As the City Council is aware, there is pending and approval request for a PUD
Amendment which will enable the construction of the proposed eight unit town-
house on proposed Lot 3.
All buildable Lots as proposed have frontage on public streets, namely Lincoln
Way, McDonald Place, Hickory Drive and Marshall Avenue. Outlot A as proposed
does not have access to a public street and as such is not a buildable parcel
for the purposes of habitable building construction. At present, this parcel
contains the open space and amenity features of the PUD, namely a tennis court
and a swimming pool .
Water mains to these lots are located in Marshall Avenue, McDonald Place and
Hickory Drive. These mains are adequate in size to accommodate the proposed
development.
Sanitary sewer mains are located in Story Street, Hickory Drive, Lincoln Way,
and McDonald Place. These mains are adequate to accommodate the proposed
development.
Vehicular access is provided to the subdivision by Lincoln Way, Hickory Drive,
McDonald Place and Marshall Avenue.
At present, a bus stop is located at the intersection of Lincoln Way and
Marshall Avenue. Due to this, pedestrian easements must be provided across
Lots 4, 5 and Outlot A (to be numbered Lot 6) so that residents of 1, 2 and 3
can gain access to this facility. These easements must be provided for on the
Administrative and Final Plat documents.
2
In that the amenities which are located on Outlot A (to be numbered Lot 6)
were to be available for all residents of the PUD, some form of covenants or
Homeowners Association must be developed so as to outline the use and mainte-
nance responsibilities of all residents of the PUD. This is provided for in
Section 29.47(5 ) (f) (i ) of the zoning ordinance. Although this section of the
code is in the zoning ordinance, it is now made necessary because of the crea-
tion of the six individual lots.
The Development Review Committee and the Planning and Zoning Commission have
reviewed this request and have recommended that this Conceptual Development
Plan be approved with the following stipulations:
1. That the Administrative Plat not be approved until the pending amended
Westwood Village PUD is approved by City Council since the CDP is based
upon the proposed amended PUD.
2. That vehicular and pedestrian cross easements be provided for ingress and
egress for Lot 4 across Lot 5.
3. That pedestrian cross easements be provided for residents of Lots 1, 2,
and 3 from Lots 4, 5, and Outlot A, and for residents of Lot 4 from Lot 5
for cross movement to the transit stop at Lincoln Way and Marshall Avenue
prior to the approval of the Administrative Plat. Reciprocal pedestrian
cross easements should be provided for residents of Lots 4 and 5 from Lot
3 and Outlot A for access to Hickory Drive.
4. That Outlot A be held in common by the owners of Lots 1, 2, 3, 4, and 5.
A homeowners association should be established for the maintenance and
upkeep of the recreational facilities located on Outlot A. The homeowners
association documentation should be submitted prior to approval of the
pending PUD. Proof of recordation of the necessary homeowners association
documentation must be submitted to the City prior to approval of the Final
Plat.
5. That the Administrative and Final Plats more clearly illustrate the pro-
posed lot lines for Lot 1, 2, 3, 4, 5, and 6 and that the required pedes-
trian easements be clearly illustrated on the Administrative and Final
Plats.
A copy of the proposed CDP and the approved PUD Plan of March 1975 are
attached for your review.
ALTERNATIVES:
1. The City Council can approve the Conceptual Development Plan for Westwood
Village with the stipulations as recommended by the Planning and Zoning
Commission.
2. The City Council can approve the Conceptual Development Plan for Westwood
Village with modifications.
3. The City Council can deny approval of the Conceptual Development Plan of
Westwood Village.
4. The City Council can refer this request back to the Planning and Zoning
Commission for further review and study.
MANAGER'S RECOMMENDED ACTION:
It is the recommendation of the City Manager that the City Council adopt Alter-
native #1. This will approve the Conceptual Development Plan for Westwood
Village with the stipulations as recommended by the Planning and Zoning Commis-
sion. The applicant must understand that this approval in no way grants any
approval for additional building of any kind on any part of the land contained
within this Conceptual Development Plan . The rights to further building or
development of this property is contingent upon the satisfactory completion of
agreements and other aspects of the Planned Unit Development Amendment which
is still pending before the City Council .
COUNCIL ACTION:
DECLARATION OF COVENANTS, CONDITIONS AND RESTRICTIONS
THIS DECLARATION OF COVENANTS, CONDITIONS AND
RESTRICTIONS is made this day of ,
1986, by KAROL J. KOCIMSKI, referred to in this agreement as
"Declarant".
Declarant is the owner in fee simple of all lots
situated within WESTWOOD VILLAGE, a planned unit develop-
ment in Ames, Iowa, described as follows:
Lots One (1) , Two (2) , Three (3) , Four
(4) , Five (5) and Six (6) , Westwood
Village Subdivision of Ames, Iowa, said
lots being a plat of the following
described property:
Beginning at a point that is 515.64 feet
North of the Southeast Corner of the South-
west Quarter (SW 4) of Section Five (5) ,
Township Eighty-three (83) North, Range
Twenty-four (24) West of the 5th P.M. , in
the City of Ames; Story County, Iowa; then
continuing NO°00' East, 457.86 feet; then
N88°19' West, 102.7 feet; then S1°41' West,
65.0 feet; then N88019' West, 10.0 feet to
the Northeast Corner of Lot One (1) , Kocimski's
First Addition to Ames; then S0026' East,
60.0 feet along the east line of said Lot
One (1) to the Southeast Corner thereof;
then N88°58' West (measured bearing) , 46.07
feet (measured distance) (45.36 feet, platted
distance) along the south line of said Lot
One (1) to the Northeast Corner of Lot Two
(2)' in said addition; then SO°00' East,
64.5 feet along the east line of said Lot
Two (2) to the Southeast Corner thereof; then
N88°23' West, 218.74 feet along the south
line of said Lot Two (2) to the easterly
right-of-way line of Hickory Drive and the
Southwest Corner of said Lot Two (2) ; then
Southwesterly, 191.94 feet along said right-
of-way, along a 1672.14 foot radius curve,
concave northwesterly; thence S88°19' East,
5.95 feet; then S0036' West, 214.84 feet;
then S88019130" East, 124.0 feet; then SO°34'
West, 149.85 feet; then N88031' West, 124.0
feet to the easterly right-of-way of McDonald
Place; then S0034' West, 229.60 feet along
said right-of-way to the north right-of-way
line of Lincoln Way; then S88°44' East, 378.05
feet along said right-of-way; then N0000' East,
225.85 feet; then S88050' East, 120.0 feet to
the west right-of-way of Marshall Avenue; then
N0000' East, 220.75 feet along said right-of-
way; then S88050' East, 30.0 feet to the point
of beginning, containing 7.623 acres, more or
less.
Declarant wants to provide for the preservation of
values within the development and for the maintenance of
common facilities and, to this end, will subject the real
property situated within the development to the covenants,
conditions, restrictions, easements, charges and liens set
forth in this agreement, for the benefit of the property of
each owner, and,
Declarant wants to create an agency which should
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be delegated and assigned the powers of maintaining and
administering the properties and facilities and admini-
stering and enforcing the covenants, conditions and
restrictions set forth in this agreement, and,
Declarant has established a nonprofit corporation,
WESTWOOD VILLAGE RECREATION AREA, INC. for the purpose of
exercising these functions,
THEREFORE, Declarant declares that all properties
situated within the subdivision shall be held, transferred,
sold, conveyed and occupied subject to the covenants,
restrictions, conditions, easements, charges and liens set
forth in the following Articles.
ARTICLE I.
DEFINITIONS
1. "Association" shall mean and refer to WESTWOOD
VILLAGE INC.
2. "Owner" shall mean and refer to the record
owner, whether one or more persons or entities, of the fee
simple title to any lot which is a part of the subdivision,
including contract vendees, but excluding those having such
interest merely as security for the performance of an
obligation or indebtedness unless and until such secured
party has acquizad title pursuant to foreclosure, forfeiture
or any proceeding in lieu thereof.
3. "Properties" shall mean and refer to the
certain real property described above which is subject to
this instrument and any additions that may hereafter be
brought within the jurisdiction of the Association.
4. "Common area" shall mean and refer to all real
property and improvements, if any, owned by the Association
for the common use and enjoyment of the owners. The common
area to be owned by the Association at the time of the
conveyance of the first lot with the development is:
Lot Six (6) , Westwood Village, Subdivision
of Ames, Iowa
5. "Lot" shall mean and refer to any lot shown
upon the recorded development map of the properties.
6. "Member" shall mean and refer to those owners
who are members of the Association as provided in Article II
hereof.
7. "Declarant" shall mean and refer to Karol J.
Kocimski, his successors and assigns.
8. "Capital improvements" shall mean a swimming
pool, tennis courts and such other improvements as may be
constructed by the Association with approval of the City of
Ames.
ARTICLE II.
MEMBERSHIP AND VOTING RIGHTS IN THE ASSOCIATION
1. Every owner of a lot within the planned unit
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development shall be a member of the Association. Member-
ship shall be coexistent to and may not be separated from
ownership of any lot which is subject to assessment as
provided in this agreement. Any person or entity who holds
any such interest merely as security for the performance of
an obligation or indebtedness shall not be a member.
2. All owners within the planned unit development
shall be entitled to one (1) vote for each lot owned. When
more than one person or entity holds an interest in any lot,
all such persons or entities shall be members and the vote
for such lot shall be exercised as they shall among
themselves determine, but in no event shall more than one
(1) vote be cast with respect to any such lot.
ARTICLE III.
PROPERTY RIGHTS
1. Every owner shall have a right and easement of
enjoyment in and to the common area which shall be appur-
tenant to and which shall pass with the title to every lot,
subject to the following:
A. The right of the Association to charge
reasonable admission and other fees for
the use of any recreational facility
situated upon the common area.
B. The right of the Association to suspend
the voting rights and the right to use
the recreational facilities or common
areas by an owner or members of the
owner's family or the occupants of the
owner's lot for any period during which
any assessment against his or her lot
remains delinquent and for a period not
to exceed sixty (60) days for any in-
fraction of the Association's published
rules and regulations.
C. The right of the Association to dedicate
or transfer all or any part of the common
area to any public agency, authority or
utility for such purposes and subject to
such conditions as may be agreed to by the
members. No such dedication or transfer
shall be effective unless an instrument
is executed by two-thirds (2/3) of each
class of members agreeing to such dedi-
cation or transfer and written approval
is given by the City of Ames.
ARTICLE IV.
COVENANT FOR MAINTENANCE ASSESSMENTS
1. Creation of Lien and Personal Obligation of
Assessments. The Declarant, for each lot owned within the
properties, hereby covenants, and each owner of any lot by
acceptance of a Deed therefor, whether or not it shall be so
expressed in such Deed, is deemed to covenant and agree to
pay to the Association: (a) annual assessments or charges,
and (b) special assessments for capital improvements, such
assessments to be established and collected as provided in
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this agreement. The annual and special assessments,
together with interest, costs and reasonable attorneys'
fees, shall be a charge on the land and shall be a
continuing lien upon the property against which each such
assessment is made. Each assessment, together with
interest, costs and reasonable attorneys' fees, shall also
be the personal obligation of the person or entity or
entities who owned the property at the time when the
assessment fell due. The personal obligation for payment of
delinquent assessments shall not pass to successors in
interest who have obtained their interest by voluntary
transfer unless expressly assumed by them.
2. Purpose of Assessments. The assessments
levied by the Association shall be used exclusively to
promote recreation, health, safety and welfare of the
residents in the properties and for the improvement,
maintenance and payment of taxes of the common area and of
the improvements situated upon the properties.
3. The Association shall have the right to
include in the assessments an amount for anticipated long-
range expenses (e.g. , exterior painting) . The Association
may establish, in its discretion, a reserve account or
accounts for such items.
4. Maximum Annual Assessment. Until January 1st
of the year immediately following the conveyance of the
first lot to any owner, the minimum annual assessment shall
be Fifty Dollars ($50.00) per lot. Thereafter, the annual
assessment shall be not less than Fifty Dollars ($50.00) per
lot, nor more than Fifteen Hundred Dollars ($1,500.00) per
lot, as shall be determined by the Board of Directors of the
Association. The Board of Directors may increase the
assessment to an amount not exceeding the maximum annual
assessment by giving thirty (30) days written notice to each
owner. The minimum annual assessment shall be applicable to
unimproved lots only and shall be increased as to any
improved lots in an amount not to exceed the maximum annual
assessment as determined by the Board shall be deemed
"improved" and subject to the maximum annual assessment
sixty (60) days after completion of the construction of the
improvement thereon.
A. From and after January 1 of the year
immediately following the conveyance of
the first lot to an owner, the maximum
annual assessment may be increased by the
Board of Directors each year not more than
ten percent (10%) above the maximum assess-
ment for the previous year without a vote of
the membership.
B. From and after January 1 of the year
immediately following the conveyance
of the first lot to an owner, the maximum
annual assessment may be increased in
excess of ten percent (10%) by a vote of
two-thirds (2/3) of each class of members
who are voting in person or by written proxy
at a meeting duly called for this purpose.
C. The Board of Directors may fix the annual
assessment at an amount not in excess of the
maximum.
5. Special Assessments for Capital Improvements.
In addition to the annual assessments authorized above, the
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Association may levy in any assessment year a special
assessment applicable to that year only for the purpose of
defraying, in part or in whole, the cost of any construc-
tion, reconstruction, repair or replacement of a capital
improvement upon the common area, including fixtures and
personal property related thereto, and for the repair,
maintenance and snow removal costs provided that any such
assessment shall require the assent of two-thirds (2/3) of
the votes of each class of members who are voting in person
or by written proxy at a meeting duly called for this
purpose.
6. Notice and Quorum for any Action Authorized
under Paragraphs 4 and 5. Written notice by regular mail of
any meeting called for the purpose of taking any action
authorized under paragraphs 4 and 5 of these Declarations
shall be sent to all members not less than thirty (30) days,
nor more than sixty (60) days, in advance of the meeting.
At the first such meeting called, the presence of members or
written proxies entitled to cast sixty percent (60%) of all
votes of each class of membership shall constitute a quorum.
If the required quorum is not present, another meeting may
be called subject to the same notice requirement and the
required quorum-at the subsequent meeting shall be one-half
(1/2) of the required quorum at the preceding meeting. No
such subsequent meeting shall be held more than sixty (60)
days following the preceding meeting.
7. Date of Commencement of Annual Assessments and
Due Dates. The annual assessments provided for shall begin
as to all lots on the first day of the month following the
conveyance of the common area to the Association. The first
annual assessment shall be adjusted according to the number
of months remaining in the calendar year. The Board of
Directors shall fix the amount of the annual assessment
against each lot at least thirty (30) days in advance of
each annual assessment period. Written Notice of the annual
assessment shall be sent to every owner subject thereto.
The due dates shall be established by the Board of
Directors. The Association shall, upon demand, and for a
reasonable charge, furnish a certificate signed by an
officer of the Association setting forth whether the
assessments on a specified lot have been paid.
8'. Effect of Nonpayment of Assessments - Remedies
of the Association. Any assessment not paid within thirty
(30) days after the due date shall bear interest from the
due date at the rate of fifteen percent (15%) per annum.
The Association may bring an action at law against the owner
personally obligated to pay the same or foreclose the lien
against the property. No owner may waive or escape liability
for assessments by nonuse of the common area or abandonment
of his or her lot. The Board of Directors of the
Association may cause a lien to be placed against any lot
for nonpayment of assessments as follows:
A. A thirty (30) day written notice of said
delinquency shall be given to the lot
owner by ordinary mail addressed to the
owner's last known mailing address on
file with the Association and shall be
deemed served on the date of mailing.
B. If the delinquent assessment is not paid
within thirty (30) days, a Notice of
Nonpayment of Assessment shall be served
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upon the lot owner in the same manner as
an Original Notice, setting forth the
name of the lot owner, the description
of the property, the unpaid assessment
and the costs of serving the same plus
reasonable attorneys' fees. If the same
is not fully paid within thirty (30) days,
the said Notice, together with Proof of
Service and Affidavit of Nonpayment, may
be filed in the office of the Recorder
of Story County, Iowa, and the same shall
constitute a lien against the lot until
fully paid, with interest at the rate
of fifteen (15%) percent as provided above.
The lien may be foreclosed in the same
manner as other liens or mortgages.
C. All lot owners, by acceptance of a Deed to
their land, contractually agree to be
bound by the terms of this Declaration
and to all terms and obligations with
respect to assessments.
D. •In lieu of the above, the Board of Directors
of the Association may file a lawsuit against
any lot owner for nonpayment of assessments,
plus reasonable attorneys' fees, interest
and costs.
9. No Property Rights in Monies Held by Associa-
tion. No owner or person who has paid assessments to the
Association shall retain any title or interest in said
monies so paid or in any account of reserves established by
the Association. No lot owner or other person is entitled
to any refund of monies paid for assessments and held by the
Association, by virtue of selling his or her lot. The only
interest of any owner in said monies is to have the same
used for the purposes set forth in this agreement.
10. Subordination of Lien to Mortgages. The lien
of the assessments provided for herein shall be subordinate
to the lien of any first mortgage. Sale or transfer of any
lot, voluntary or involuntary, shall not affect the assess-
ment lien. However, the sale or transfer of any lot
pursuant to mortgage foreclosure or any proceeding in lieu
thereof, shall extinguish the lien (but not the indebted-
ness) of such assessment as to the payments which became due
prior to such sale or transfer. No sale or transfer shall
release such lot from liability for any assessments there-
after becoming due or from the lien itself.
ARTICLE V.
ARCHITECTURAL CONTROL
No building, fence, wall or other structure shall
be built or maintained upon the properties, nor shall any
exterior addition to or change or alteration be made until
the plans and specifications showing the nature, kind,
shape, height, materials and location of the same shall have
been submitted to and approved in writing as to harmony and
external design and location in relation to surrounding
structures and topography by the Board of Directors of the
Association or by an Architectural Committee composed of
three (3) or more representatives appointed by the Board.
In the event the Board of Directors or its designated
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committee fails to approve or disapprove such designs and
locations within thirty (30) days after said plans and
specifications have been submitted to it, written approval
will not be required and this Article will be deemed to have
been fully complied with.
ARTICLE VI.
EXTERIOR MAINTENANCE
1. The Association shall be responsible for the
repair and maintenance of the improvements of the common
area.
2. The Association shall cut all grass on the
common area and be responsible for landscaping on the common
area, and shall remove snow from all walks, driveways and
improved areas of the common area.
3. In the event that the need for maintenance or
repair is caused by the willful or negligent act of the
owner, the owner's family, guests or invitees, the cost of
such maintenance or repair shall be the responsibility of
the owner and shall be added to and become a part of the
assesment to which such lot is subject.
ARTICLE VII.
SALE OR TRANSFER OF INTEREST
Any owner who shall sell, convey or dispose of his
or her interest in any lot, excluding, however, instruments
executed for the purposes of security, shall be required to
notify the Board of Directors of the Association of such
sale, conveyance or disposal within thirty (30) days thereof
and furnish a copy of the written instrument effecting such
transfer, together with the name and address of the new
owner.
ARTICLE VIII.
EASEMENTS
Easement to Association. Each owner covenants
that the Association or its designees shall have an easement
in, on, across, over and under such lot to permit the Asso-
ciation to effect any desired or necessary maintenance or
repairs, including but not limited to, the maintenance and
repairs listed in Article IV hereof, or the installation of
such items as common to all owners.
ARTICLE IX.
GENERAL PROVISIONS
1. Duration. The covenants, conditions and
restrictions of this Declaration shall run with and bind the
land and shall inure to the benefit of and be enforceable by
the Association or any owner subject to this Declaration,
their respective representatives, successors and assigns.
For a term of twenty-one (21) years from the date this
Declaration is recorded and provisions of this Declaration
and any Amendments thereto may be extended by the Board of
Directors of the Association by the filing of a verified
claim therefor in the office of the Recorder of Story
County, Iowa. The said verified claim shall be filed by the
Board of Directors on behalf of the Association and on be-
half of all owners of lots within the subdivision and shall
be in compliance with the provisions of 5614.24 and -614.25,
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The Code of Iowa, as said statutes may hereafter be amended.
2. Amendments. This Declaration and any
Amendments thereto may be amended during the first twenty-
one (21) years following the date of its recording by a
written instrument executed by not less than eighty per-
cent (80%) of the lot owners. Thereafter, the Declaration
and any Amendments thereto may be amended by a written
instrument signed by not less than two-thirds (2/3) of the
lot owners. Any Amendment to this Declaration shall become
effective upon the date it is filed for record with the
office of the Recorder of Story County, Iowa. Any Amendment
be in compliance with the provisions of §614.24 and 614.25,
The Code of Iowa, as said statutes may hereafter be amended.
2. Amendments. This Declaration and any
Amendments thereto may be amended during the first twenty-
one (21) years following the date of its recording by a
written instrument executed by not less than eighty per-
cent (80%) of the lot owners. Thereafter, the Declaration
and any Amendments thereto may be amended by a written
instrument signed by not less than two-thirds (2/3) of the
lot owners. Any Amendment to this Declaration shall become
effective upon -the date it is filed for record with the
office of the Recorder of Story County, Iowa. Any Amendment
to this Declaration shall require written Notice of the
proposed Amendment being mailed to every owner at least
sixty (60) days prior to any meeting of the Asociation
wherein the Amendment is to be considered.
3. Notices. Any Notice required to be sent to
any member of the Association or owner under the provisions
of this Declaration shall be deemed to have been properly
given when mailed, with postage prepaid, to the last known
address of the member or owner.
4. Severability. Invalidation of any of these
covenants or restrictions or a judgment or Court Order shall
in no way affect any other provisions which shall remain in
full force and effect.
5. Enforcement. The Association or any owner or
the City of Ames shall have the right to enforce, by any
proceeding at law or in equity, all restrictions, condi-
tions, 'covenants, resolutions, liens and charges hereafter
imposed, either to restrain violation, to prevent violation
or to recover damages. Failure by the Association or any
owner to enforce any covenant or restriction contained
herein shall in no event be deemed a waiver of the right to
do so later.
DATED this day of ��G 1986.
Karol J. Kocimski
STATE OF IOWA
:ss
STORY COUNTY
On this the 3U,�y day of Q� , 1986,
before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Karol J. Kocimski, to me
personally known to be the person named in and who executed
the foregoing instrument and acknowledged that he executed
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the same of his voluntary act and Adeed.
NOTARY PUBLIC in .And for w
�I`'� JIMMY E ERVIN
MY COMMISSION EXPIRES
August1&1989
CONSENT
Ames Savings and Loan Association as mortgagee of
part of the above described real estate consents to the
provisions of the foregoing declaration as relates to their
mortgaged premises.
AMES SAVI GS & LOAN ASSOCIATION
BY
BY 1 ,/
STATE OF IOWA
ss
STORY COUNTY
On this the 30th day of October 1986,
before me, the undersigned, a Notary Public in and for the
State of Iowa, personally appeared Virgil A. Maxwell
and ,Timmy E. Ervin , to me personally known, who,
being by me duly sworn, did say that they are the
President and Vice President of said corporation
executing the within and foregoing consent; that said con-
sent was signed and sealed on behalf of said corporation by
authority of its Board of Directors; and that the said
Virgil A. Maxwell and .Timmy E. Ervin , as such officers,
acknowledged the execution of said consent to be the
voluntary act and deed of said corporation, by it and by
them voluntarily executed.
fA6a-
NOTARY PUBI in and for the State of Iowa
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