HomeMy WebLinkAboutA021 - Resolution No. 89-27 adopted January 24, 1989 5 .
RESOLUTION NO. 89-27
DIVIDING TWO SPECIAL ASSESSMENTS BETWEEN FOUR PARCELS OF
LAND
WHEREAS , the City Council previously has levied special
assessment #25192 and #25203 for public improvements to a
30 . 12-acre tract of land in Section 7, Township 83 North,
Range 24 West of. the 5th P.M. , owned by Ford Street Develop-
ment Company. -
WHEREAS , the unpaid balance remaining on . the assessments
totals $77,455.02.
WHEREAS , Ford Street Development Company has subdivided
5.67 acres of the tract as First Addition, W.G.G.C. Subdivi-
sion, Ames , Iowa; the addition has three lots .
WHEREAS, Ford Street Development Company has requested
the City Council to divide, using the authority granted in
Section 384.61 of the Iowa Code , the unpaid balances of the
two special assessments between the. three lots in 5 . 67 acres
recently subdivided and the remainder of the 30 . 12-acre
tract .
WHEREAS , members of the City' s professional staff have
determined that the special assessments , if divided in the
same maner as they were originally calculated , produce sep-
arate assessments for Lot 1 of the subdivision totaling
$5 , 188.25, for Lot 2 of the subdivision totaling $5 , 188 . 25 ,
for Lot 3 of the subdivision totaling $2, 686.30, and for the
remainder of the 30. 12-acre tract totaling $64, 392 .22.
WHEREAS , the lien in favor of the City arising under
Paragraph 5 of Section 384. 65 of the Code of Iowa against the
real estate for the unpaid balance will not be affected by
such a division .
NOW, THEREFORE, IT IS HEREBY RESOLVED by the City Coun-
cil of the City of Ames , Iowa, as follows :
1 . Special Assessment #25203 in the unpaid amount of
$38, 337 .76 is hereby divided to the lots and remaining un-
divided tract as follows :
a. Lot 1 , First Addition, W.G.G.C. Subdivision,
Ames , Iowa: $ 2, 568.02
b . Lot 2, First Addition, W.G.G®C. Subdivision,
Ames , Iowa: $ 2, 568.02
c . Lot 3, First Addition, W.G.G.C. Subdivision,
Ames , Iowa: $ 1 , 329 .63
d . The remaining land (its description is at-
tached as Attachment A) : $31 , 872 .09
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2. Special Assessment #25192 in the unpaid amount of
$39, 117.26 is hereby divided to the lots and remaining un-
divided tract as follows :
a. Lot 1 , First Addition, W.G.G.C. Subdivision,
Ames , Iowa: $ 2, 620.23
b . Lot 2, First Addition, W.G.G.C. Subdivision,
Ames , Iowa: $ 2 , 620 .23
C . Lot 3, First Addition, W.G.G.C. Subdivision ,
Ames , Iowa: $ 1 , 356 .67
d . The remaining land (its description is at-
tached as Attachment A) : $32 , 520. 13
3 . The City Clerk is hereby authorized and directed to
certify the separate special assessments to the Treasurer of
Story County, Iowa, for collection over the remaining life of
the original assessments in the same manner as though levied
originally upon the four separate tracts of land . A copy of
this resolution certified by the Mayor and the Clerk as a
true copy is to . be filed with the County Recorder to show
this direction to "rebill" the two assessments .
Passed and approved this c>( - day of � , ,
1989 .
F. PAUL GOODLAND, Mayor
ATTEST:
r`< N'AN _'D'0 City Cle.
iti .r f� r s A Q r e p p' ✓ Y
a
Resolution No . 89_27 K
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RECORD OF VOTE
Moved by: Curti s Seconded , by: Brown
that Resolution No . 89-27 be adopted .
Voting Aye: Brown, Campbell , Curtis , Hoffman, Parks, and Thurston
Voting Nay: None
Absent: None
The Mayor declared the Resolution adopted .
CERTIFICATION
We , the duly appointed , qualified and acting City Clerk
and Mayor of the City of Ames , Iowa, certify that the above
is a true and exact copy of the resolution adopted by the
City Council at a regular meeting on the date stated:..,rink the
copy.
.S p. dq rtr N
F. PAUL GOODLAND, iyor,
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N-ANCT DIONI CY"'f,
(SEAL) CICle �
F� EU '� -ld
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Resolution No . 89-27
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ATTACHMENT A (c � �
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DESCRIPTION v
The Northwest Fractional Quarter (NWfrl/4) of the Northwest Quarter
(NW1/4) of Section Seven (7) in Township Eighty-three (83) North, Range
Twenty-three (23) West of the 5th P.M. , Iowa, except the following:
(a) EXCEPT commencing at the Southwest Corner of the Northwest
Fractional Quarter (NWfrl/4) of the Northwest Quarter (NW1/4),
thence running North Thirty-two and Seven-eights (32 7/8) Rods,
thence East Sixteen ( 16) Rods, thence South Thirty-two and
Seven-eights (32 7/8) Rods, thence West Sixteen ( 16) Rods to the
place of beginning; and
(b) EXCEPT beginning Four Hundred Sixty-six and Ninety-three Hundredths
(466.93) Feet East and Sixty-seven (67) Feet South of the Northwest
Corner of Section Seven (7), Township Eighty.-three (83) North,
Range Twenty-three (23) West of the 5th P.M. , Story County, Iowa,
thence South 2001' West Three Hundred Eighty-three and Four-tenths
(383.4) Feet, thence South 89045' East One Hundred Eighteen and
Two-tenths (118.2) Feet, thence North 1057' East One Hundred
Ninety-five and Ninety-five Hundredths (195. 95) Feet, thence North
89017' West Six and Seven-tenths (6.7) Feet, thence North 2014'
West One Hundred Ninety-three and Three-tenths (193.3) Feet, thence
South 87024' West One Hundred Eighteen ( 118) Feet to the point of
beginning; and
(c) EXCEPT the East forty feet of the NWFr1/4 NW1/4 of Section 7, T83N,
R23 West of the 5th P.M. Iowa; and
(d) EXCEPT beginning Four Hundred Sixty-six and Ninety-three Hundredths
(466.93) Feet East and Sixty-seven (67) Feet South of the Northwest
Corner of Section Seven (7), Township Eighty-Three (83) North,
Range Twenty-three (23) West of the 5th P.M. , Iowa, thence South
2001' West Three Hundred Eighty-three and- Four-tenths (383.4) Feet,
K ��.� PAGE �.�
thence South 89045' East Eighty and Nine-tenths (80.9) Feet, thence
South 0018' West Six Hundred Twenty-three and One-tenth (623.1)
Feet, thence South 83000' West One Hundred Nineteen and
Three-tenths (119.3) Feet, thence South 26057' West Eighty-three
and Nine-tenths (83.9) Feet, thence South 7039' West One Hundred
Forty-five and Five-tenths (145.5) Feet, thence South 89046' West
Ninety-two and Five-tenths (92.5) Feet, thence North 0002' East
Five Hundred Forty-two and Four-tenths (542.4) Feet, thence South
89051' West Two Hundred Thirty-one (231) Feet, thence West
Thirty-three (33) Feet, thence North Six Hundred Thirty-one and
Eight-tenths (631.8) Feet, thence East Thirty-three (33) Feet,
thence North 44032' East One Hundred Twenty-four and Three-tenths
(124.3) Feet, thence South 75018' East One Hundred Sixty=three and
Three-tenths (163.3) Feet, thence South 89021' East One Hundred
(100) Feet, thence North 69003' East Fifty-three and Nine-tenths
(53.9) Feet, thence North 87024' East Thirty-nine and Forty-five
Hundredths (39.45) Feet to the point of beginning; and
(e) EXCEPT Commencing at the NW Corner of Section 7, Township 83 North,
Range 23 West of the 5th P.M. , Story County, Iowa; Thence
N89032141" East along the North line of said Section 7, a distance
of 582.03 Feet, thence S20301.3211E, 61.87 Feet to the point of
beginning on the South Right of way of East Lincoln Way; Thence
N85049' 17"E, 21.85 Feet along said R.O.W. ; thence S8903814911E,
292.50 Feet along said R.O.W. ; Thence Easterly Along Said R.O.W. ,
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
0018103"; thence. S1034' 13"W, - 195. 50 Feet; thence N89°01461-E 297.34
Feet; thence S401912811W, 153. 18 Feet; thence S89032'251-W, 289.86
feet, thence S103411311W, 38.93 Feet; thence N8802514711W, 80.0 feet;
thence S89013'48"W, 437.97 Feet, thence N1043134"E, 195.79 Feet;
thence N8801913311W, 6.90 feet; thence N203013211W, 193.23 feet to
the point of beginning; and
(f) EXCEPT Commencing at the Northwest Corner of Section 7, Township 83
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North, Range 23 West of the 5th P.M. , Story County, Iowa; thence
North 8903214111 East along the North line of said Section 7, a
distance of 1122.7 feet; thence South 67.1 feet to the point of the
beginning on the South right of way of East Lincoln Way; thence
Easterly-along- said right of way 377.1 feet on a 42,602 foot radius
curve concave Northerly and tangent to the following course; thence
North 8903214111 East, 83.5 feet along the said right of way; thence
North 8505412511 East, 131.0 feet along said right of way; thence
South 004012211 West, 196.5 feet; thence South 89000'39" West, 594.4
feet; thence North 1034'06" East, 195.5 feet to the point of
beginning; and
(g) EXCEPT all that part of South Bell Avenue Right of Way .lying in the
NWfrl/4 NW1/4 Section Seven (7), T83N, R23W of the 5th P.M. ; and
Tract contains 24.0 acres more or less, exclusive of area contained in
Dayton Road or Lincoln Way Right of Way.
BOOKo�J�.S PAGE �J�
ACKNOWLEDGMENT
United Bank and Trust is a mortgagee of property which
has been platted as Lot 2, First Addition of W.G.G.C . Subdi -
vision , Ames , Iowa, and Larry Johnson and Beth Johnson , hus-
band and wife , are the buyers of said Lot 2 in a Real Estate
Contract dated March 29 , 1988 , which was recorded in the
Story County Recorder' s office in Book 337 at Page 249 .
There are liens in favor of the City of Ames , Iowa , on
said Lot 2 which arise from special assessment #25192 and
#25203 ; the liens from the special assessments are by law
prior to the bank' s interest as a mortgagee and the Johnsons '
interests as contract buyers .
Ford Street Development Company, which is the mortgagor
and contract seller of the property, has asked the City of
Ames , Iowa, to "rebill" the two said special assessments so
that the amounts to be paid would be prorated to the three
lots in First Addition , W.G.G.C. Subdivision , Ames , Iowa , and
to the unplatted land which it owns .
The purpose of this Acknowledgment is to state that
United Bank and Trust and Larry and Beth .Johnson each ac-
knowledge that in the event the City of Ames does rebill the
special assessments that the lien in favor of the City of
Ames is unaffected thereby and will remain a first lien and ,
in addition , to state that they agree and consent that their
liens and interests are junior and inferior to that of the
City of Ames , Iowa, arising out of special assessments #25192
and #25203 as billed and as rebilled . -
UNITED BANK AND TRUST l
I
BY ��. ll. /�t_� •cam.-� CcR.`le :l/ .< <'►-_
R.M. FISCHER, Executive I.ARRY JDHNS,ON
Vic Pr si nt
BR CE D. GR ENF ELD, }i. ;'I'li JOIINSON i----�_----�
Vice Presid nt
STATE OF IOWA, COUNTY OF STORY, SS :
On this day of 1989 , be Fore ma ,
the undersigned , a Notary Public in and for said state , per-
sonally appeared R.M. Fischer and Bruce D. Greerifteld , to >ne
personally known , who , being by me duly sworn , dial say t-h ,t:
they are the Executive Vice President and Vice Prt.sideiit. , FC:"-
spectivel.y, of said corporation executing the foregoing i ll-
strument ; that <no seal has been procured by the said, `1-he
t� �` PAGE ��
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sea]. affixed thereto is the seal. of said> corpovat- i_oii ; II�_at:
said instrument was signed <and seal.ed> on bul)a1f �_,c d
cor.porati.un by authority of iLs Board of Di.rector:i ; alld IIldL
the said R.M. Fischer and Bruce D. Greenfield as scich offic-
ers acknowledged the execution of said i.nstrumerit Lo be Hie
voluntary act and deed of said corporation , by iC and by ilium
voluntarily executed .
Notary Public in the Suite of Iowa
STATE OF IOWA, COUNTY OF STORY, SS :
On this day of 1989 , before me ,
the undersigned , a Notary Public in and for said State , per-
sonally appeared Larry Johnson and Beth Johnson, husband and
wife, to me known to be the identical persons named in and
who executed the foregoing instrument , and acknowledged that
they executed the same as their voluntary act and deed .
Notary Public in the State of Iowa
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