HomeMy WebLinkAboutA024 - Waiver - Mortensen Road Paving Project dated May 5, 1987 / 10193
' Y INST.NO.
STORY COUNTY, IOWA
10193 >F FILED FOR RECORD 35
INST#---- mt J UN - 21987 PM
FEE$-AL. 00 WAIVER
MORTENSEN ROAD PAVING PROJECT SUSAN L.POTTER,Recorder
By Deputy
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
BOOK al��PAGE___3
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.
I A
- 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 day of 1987.
MORTENSON I, A Limited Partnership
BY:
Everett W. Cochrane , A General Partner
LIEN HOLDER:
BRENTON NATIONAL BANK OF
DES MOINES
r
By
ra ' V. rry , ice'` President -'
�r
By ,� �
Harlan L. emke, Vice President
STATE OF IOWA )
) ss :
STORY COUNTY )
On this L1 day of 1987, before
me, the undersigned, a otary Public in a or the said County
and said State, personally appeared Everett W. Cochrane, to
PMK 6;'5a�-PAGE. ./- .......
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.
tip"`a`s SUE E.PE11
MY COMMISSION IRES
Notary Public - State 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.
S. A. HOLM -
14 MY Notary Public - State of Iowa
14�A
BOOK....-,-- PAGE
DESCRIPTION
Lot 1
Willow Creek Estates Fourth Addition
A part of the Southwest Quarter (SWf) of the Northwest
Quarter (NWj) AND a part of the Northwest Quarter (NWi) of the
Southwest Quarter (SWj) 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 (NWj) of the Southwest Quarter (SWj) 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
NWJ-SWJ, 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$-SWJ; thence N 00' 06' 12" 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 75' 06' 12" 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 72° 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 66' 47' 17" E,
128.26 feet; thence S 00° 09' 22" E, 1 ,506.36 feet along the
east lines of the SWj-NWj and the NWJ-SWJ, to the Point of
Beginning."
Lot contains: 902,568 square feet or 20.72 Acres.
Lot is shown on the current Administrative Plat.
i..
ETH Kenneth Janss n P.E., L.S.
November 19, 1986
ENGINEERING PLUS
EP-File #86008 (C:86008-1C.DES)
1
f
J�
Y
l7
�( n
VQ�\ CD
to
.Y' loll
M.,.
W