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Home My WebLink AboutA011 - Waiver - Mortensen Road Paving Project dated May 5, 1987 Al .x t s. WAIVER MORTENSEN ROAD PAVING PROJECT WHEREAS, the undersigned is the owner of the following- described real estate located in the City of Ames, Story County, Iowa: See attached sheet which real estate, upon approval by the City of Ames, Iowa, of the Final Plat thereof will be known as Lot 1, Willow Creek Estates, Fourth Addition to the City of Ames, Iowa; WHEREAS, the undersigned desire that the following public improvements (hereinafter referred to as the "Project") be constructed: paving (31 ' equivalent back to back of curb pavement including necessary grading and storm sewerage) of Mortensen Road between State Avenue and South Dakota Avenue; and WHEREAS, the construction of said public improvements will, in part, specifically benefit the above-described real estate of the undersigned. NOW, THEREFORE, the undersigned states that in the event the City of Ames, Iowa, approves the Final Plat of Willow Creek Estates, Fourth Addition to the City of Ames, Iowa, and in the event the City of Ames, Iowa, initiates the construction of the aforesaid public improvements and assessment of the costs thereof pursuant to Chapter 384, of the Code of Iowa, the undersigned agrees as follows: 1. That if the other property owners whose property will be specifically benefited by the construction of the afore- said public improvements desire that they be accomplished, it will enter into a written contract as provided for in Section 384. 41 of the Code of Iowa for a public improvement to be paid in whole by special assessments to be levied against the properties of the affected property owners. 2. That the costs of the construction of the aforesaid public improvements shall be financed by funds available to the City of Ames, Iowa, including all costs for any related interim borrowing, legal fees, engineering, or whatever to be included in and fully abated by the assessment. 3. That whether the construction of the aforesaid public improvements be initiated pursuant to Section 384. 41 or Section 384. 42 of e 2 - the Code of Iowa, it waives the notice to property owners by public- ation and mailing as provided in Section 384.50 of the Code of Iowa. 4. That it waives the right to a hearing on the making of the improvement, the boundaries of the special assessment dis- trict, the cost of the project, the assessment against its lot or the final adoption of the resolution of necessity as provided for in Section 384. 51 of the Code of Iowa. 5. That it consents to the adoption of a preliminary resolution, a plat, schedule of assessments and cost estimate, and resolution of necessity by the City of Ames, Iowa, for the project. 6. That it agrees that the amount and proportion of the cost of the construction of the above-described public improve- ment to be paid by it, as ascertained and determined by the council of the City of Ames, shall constitute an assessment against its above-described property and that said assessment shall be paid by the undersigned within the time provided by law for the payment of special assessments for such improvement. Any right to request deferment for agricultural land is hereby waived. 7. That it waives the limitation provided in Section 384 . 62 of the Code of Iowa that an assessment may not exceed twenty-five (25) percent of the value of its lot as defined in Section 384. 37 (5) of the Code of Iowa. 8. That it waives the notice to property owners by public- ation and mailing as provided by Section 384. 60 of the Code of Iowa (relating to notice of certification to County Auditor of final schedule of assessments) . 9. That it warrants that the aforesaid real estate is free and clear of all liens and encumbrances other than those for ordinary taxes, except for such liens as are held by the lien- holders hereinafter listed and designated as signatories of this waiver. 10. That it agrees to subordinate the sale of any part of its aforesaid property to the terms of this waiver. 11 . That if the project or the assessment is declared in whole or in part to be invalid or beyond the city' s authority, it will 'nevertheless pay the amount assessed against its above- described real estate. 12. That this Waiver shall be binding on the successors and assigns of the undersigned. s . 3 - IT IS FURTHER AGREED by each of the undersigned lienholders that in the event the City of Ames, Iowa, approves the Final Plat of Willow Creek Estates, Fourth Addition to the City of Ames, Iowa, and in the event the City of Ames, Iowa, initiates the construction of said public improvements within the time frame set forth above: 13. That the initiation of this public improvement project may be commenced under Section 384. 41 (1) of the Code of Iowa or under Section 384. 42 of the Code of Iowa in order that special assessments for the cost thereof shall be liens on the above- described real estate to the same extent as provided in Section 384 . 65 (5) of the Code of Iowa. 14 . That its lien or liens shall be junior and inferior to the lien of any assessment levied in connection with the con- struction of said public improvements. 15. That this agreement shall be binding on the heirs, devisees, executors, administrators, successors and assigns of any and all of said lienholders. DATED this S day of ��1� i , 1987. MORTENSON I, A Limited Partnership BY Everett W. Cochrane, A General Partner LIEN HOLDER: BRENTON NATIONAL BANK OF DES MOINES By ra V. rry is President B Harlan L. emke, Vice President STATE OF IOWA ) ) ss: STORY COUNTY ) On this day of , 1987, before me, the undersigned, a otary Public irf a or the said County and said State, personally appeared Evere t W. Cochrane, to 4 - me known to be the identical person named in and who executed the foregoing instrument, and who acknowledged that he executed the same as a General Partner on behalf of Mortenson I, A Limited Partnership as his voluntary act and deed. 'k of IE E PEPPELS MY COMMISSION IRES Notary Public - Sta e f Iowa STATE OF IOWA ) ) ss: POLK COUNTY ) On this 5th day of May 1987, before me, the undersigned, a Notary Public in and for the State of Iowa, personally appeared Craig V. McGarry and Harlan L. Lemke , to me personally known, who, being by me duly sworn, did say that they are the Vice President and Vice President , respectively, of said corporation executing the within and foregoing instrument; that the seal affixed thereto is the seal of said corporation; that said instrument was signed and sealed on behalf of said corporation by authority of its Board of Directors; and that the said Craig V. McGarry and Harlan L. Lemke , as such officers, acknowledged the execution of said instrument to be the voluntary act and deed of said corporation, by it and by them voluntarily executed. '4�u �. p►. - e /1�� , Notary Public State of Iowa DESCRIPTION Lot 1 Willow Creek Estates Fourth Addition A part of the Southwest Quarter (SW}) of the Northwest Quarter (NW}) AND a part of the Northwest Quarter (NW}) of the Southwest Quarter (SW}) of Section 8 - T83N - R24W of the 5th P.M., in the City of Ames, Story County, Iowa; described as follows: "Commencing at the Southeast (S.E.) corner of the Northwest Quarter (NW}) of the Southwest Quarter (SW}) of Section 8 - T83N - R24W of the 5th P.M., in the City of Ames, Story County, Iowa; thence N 00° 09' 22" W, 40.00 feet along the east line of the NW}-SW}, to the Point of Beginning; thence N 89° 03' 30" W, 548.24 feet along a line parallel with and 40 feet North of the south line the NW}-SW}; thence N 00° 06' 1211 W, 290.00 feet; thence N 89° 06' 12" W, 119.30 feet; thence N 10° 53' 48" E, 513.19 feet along the east line of Willow Creek Estates Second Addition; thence N 750 06' 1211 W, 49.25 feet along the north line of Willow Creek Estates Second Addition; thence N 03° 23' 35" W, 549.23 feet along the east line of Willow Creek Estates First Addition, to the northeast corner thereof; thence N 720 13' 44" E, 224.01 feet; thence N 20. 09' 02" E, 57.97 feet; thence N 77° 02' 11" E, 303.40 feet; thence S 660 47' 17" E, 128.26 feet; thence S 00° 09' 22" E, 1,506.36 feet along the east lines of the SW}-NW} and the NW}-SW}, to the Point of Beginning." Lot contains: 902,568 square feet or 20.72 Acres. Lot is shown on the current Administrative Plat. LAND••• 9` lX KENNETH D. 1a "S JANSSEN • Kenneth D. Janss P.E. L.S. /p�t►P November 19, 1986 ENGINEERING PLUS EP-File #86008 (C:86008-1C.DES)